Rajasthan High Court - Jodhpur
Raman vs State Of Rajasthan ... on 8 March, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/006297]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 157/2023
Raman S/o Dhula Damor, Aged About 28 Years, Jhaljap Fala
Gutipura, P.s. Dhambola, Dist. Dungarpur (Raj.). (At Present
Lodged In Central Jail Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Amara Damor (brother of the
petitioner, present in person)
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/03/2023
The lawyers are abstaining from the work.
The brother and wife of the petitioner are present in person
before this Court.
There is no assistance from the State lawyers.
This Court had earlier rejected the suspension of sentence
application of the present petitioner, but allowed the suspension of
sentence application of co-accused Ramesh on the ground that
only injury, which was considered to be dangerous to life is the
injury on the head of Lala. The suspension of sentence application
was rejected on 19.07.2022 and since then the present petitioner
has further undergone the custody period of about 8 months.
The fact of injury on the head being dangerous to life does
not emanate from the statement of PW-11 Dr. Tarun Gupta. There
are no previous criminal antecedents of the present petitioner.
[2023/RJJD/006297] (2 of 3) [SOSA-157/2023]
Looking into the overall factual matrix and careful perusal of
the impugned order passed by learned trial court on 01.06.2022,
this Court deems it just and proper to suspend the substantive
sentence awarded to the accused appellant.
Accordingly, the present Suspension of Sentence application
is allowed and it is ordered that the substantive sentence passed
by the trial court vide judgment dated 01.06.2022 in Session Case
No.18/20 against appellant - Raman S/o Dhula Damor shall
remain suspended till final disposal of the aforesaid appeal,
provided he executes a personal bond in a sum of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge for his appearance in this Court on
10.04.2023 and whenever ordered to do so, till the disposal of
the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant changes the place of
residence, they will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
[2023/RJJD/006297] (3 of 3) [SOSA-157/2023]
Criminal misc. Case related to original case in which the accused-
appellant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused appellant do not appear before the trial court, the learned
trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J
125-Sudheer/-
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