Rajasthan High Court - Jodhpur
Naru @ Nariya @ Narayan vs State Of Rajasthan ... on 19 May, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/016500] (1 of 3) [SOSA-298/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 298/2023
Arjun Lal S/o Sh. Puran Mogiya, Aged About 26 Years, Mogiya
Basti (Alkipura), Amar Talai Pipli Acharayan, P.s. Kunwariya,
District Rajsamand (Raj.). (Confined In Central Jail Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 35/2023
Naru @ Nariya @ Narayan S/o Paro @ Parunath, Aged About 23
Years, B/c Kalbeliya, R/o Bhurwada, Police Station, Railmagra,
District Rajsamand. (Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. JVS Deora
Mr. Kuldeep Singh Rathore
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
19/05/2023
Learned Public Prosecutor has pointed out the factual matrix,
which indicates that the custody of Arjun Lal is 2 yeas, 09 months
and 26 days as on 18.05.2023 and he has no previous criminal
antecedents whereas for Naru @ Nariya @ Narayan, there are four
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[2023/RJJD/016500] (2 of 3) [SOSA-298/2023]
criminal antecedent, but he has already undergone a custody
period of about 6 years, 8 months and 12 days.
Learned counsel for the petitioner further submits that Arjun
Lal was on bail during trial and Naru @ Nariya @ Narayan was also
on bail at one time, however, due to the bail jump, he was again
put in custody. Learned counsel for the petitioner also submits
that suspension of sentence application of co-accused Pankaj
Lavati has already been suspended by this Court. He further
submits that looking into the custody period as well as factual
matrix, the suspension of sentence applications may be allowed,
although the suspension of sentence applications were earlier
rejected.
Since a period of more than one year has already elapsed
after rejection of the earlier application for suspension of sentence
filed on behalf of the applicants-appellants, and thus, the matter
calls for re-examination by this Court.
On conjoint consideration of the factual matrix as well as
custody period, this Court is inclined to suspend the substantive
sentence awarded to the accused applicants-appellants.
Accordingly, the present second suspension of sentence
applications are allowed and it is ordered that the substantive
sentence passed by the trial court vide judgment dated
14.01.2021 in Sessions Case No.67/2014 (497/2014) against
applicants-appellants (1) Arjun Lal S/o Sh. Puran Mogiya &
(2) Naru @ Nariya @ Narayan S/o Paro @ Parunath shall
remain suspended till final disposal of the aforesaid appeal,
provided each of them execute a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
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[2023/RJJD/016500] (3 of 3) [SOSA-298/2023]
satisfaction of the learned trial Judge for their appearance in this
court on 03.07.2023 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, he 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
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 does 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.
293-294-Sudheer/-
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