Bhivaram vs State Of Rajasthan (2023:Rj-Jd:40591)
2023 Latest Caselaw 10076 Raj

Rajasthan High Court - Jodhpur

Bhivaram vs State Of Rajasthan (2023:Rj-Jd:40591) on 24 November, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:40591]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2415/2023

Bhivaram S/o Bagaram, Aged About 43 Years, R/o Rajpura,
Nosal, Tehsil Dantaramgarh, Dist. Sikar (Presently Lodged In Sub
Jail, Parbatsar).
                                                                    ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Bhawanisingh S/o Mohansingh, R/o Audit, Presently Head
         Constable No. 553 Police Chowky Ghatwa Thana Chitawa,
         Dist. Nagaur.
                                                                 ----Respondents


For Appellant(s)          :     Mr. Bhanwaru Ram
For Respondent(s)         :     Mr. Aneesh Bhurat, PP


      HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 24/11/2023

Admit.

Heard on suspension of sentence application No.1490/2023.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the fact that appellant was on bail during

trial, therefore, this Court is of the opinion that it is a fit case for

suspending the sentence awarded to the appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C is allowed and it is ordered that the

sentence passed by the learned Additional Sessions Judge,

Kuchaman City, District Deedwana-Kuchaman vide judgment

dated 02.11.2023 in Sessions Case No.78/2021 against the

appellant Bhivaram S/o Bagaram shall remain suspended till final

disposal of the aforesaid appeal subject to depositing the 50% fine

[2023:RJ-JD:40591] (2 of 2) [CRLAS-2415/2023]

amount as imposed by the learned trial Court, provided he

executes a personal bond in the sum of Rs.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the learned trial

Judge for his appearance in this court on 05.01.2024 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.

4. The appellant shall deposit 50% of fine amount as imposed by 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.

(MANOJ KUMAR GARG),J 2-raksha/-

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