Chunnilal vs State Of Rajasthan (2023:Rj-Jd:40867)
2023 Latest Caselaw 10138 Raj

Rajasthan High Court - Jodhpur

Chunnilal vs State Of Rajasthan (2023:Rj-Jd:40867) on 28 November, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:40867]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2487/2023

Chunnilal S/o Trilokchand, Aged About 65 Years, R/o Pindwara
P.s. Pindwara Dist. Sirohi.
                                                                    ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Ishwarlal S/o Ukaji Rawal, R/o Haliwada, P.s. Kalandri,
         Dist. Sirohi.
                                                                 ----Respondents


For Appellant(s)          :     Mr. Mohan Singh Bhati
For Respondent(s)         :     Mr. Gaurav Singh, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

28/11/2023

Heard.

Admit. Issue notice. Call for record.

Learned Public Prosecutor accepts notices on behalf of

respondent No.1-State. Issue notice to respondent No.2 only,

returnable by 30.01.2024.

Heard learned counsel for the parties on Misc. Bail

Application (Suspension of Sentence) No.1543/2023.

Learned counsel for the petitioner submits that the appellant

was on bail during the trial and hearing of the appeal will take

sufficiently long time, therefore, the sentence of the appellant may

kindly be suspended.

Learned Public Prosecutor opposed the prayer made by the

counsel for the appellant.

[2023:RJ-JD:40867] (2 of 3) [CRLAS-2487/2023]

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case, this court is of the opinion that it is a fit case for

suspending the substantive sentence awarded to the accused

appellant.

Accordingly, the application for suspension of sentence filed

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

substantive sentences passed by the learned Special Judge, SC/ST

(POA) Act Cases, Sirohi, vide judgment dated 18.10.2023 in

Special Case No.93/2018 against the appellant-applicant -

Chunnilal S/o Trilokchand, shall be suspended till final disposal of

the aforesaid appeal subject to the condition that the appellant

shall deposit the 50% of the fine amount as imposed by the

learned trial Court and he will be released on bail, 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 03.01.2024 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

[2023:RJ-JD:40867] (3 of 3) [CRLAS-2487/2023]

4. Appellant shall deposit the 50% of fine amount as imposed by the learned trial court.

The learned trial Court shall keep the record of attendance of

the accused-applicant(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-applicant(s) was/were 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 applicant(s) 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 180-Rashi/-

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