Rajasthan High Court - Jodhpur
Bheru Lal vs State Of Rajasthan ... on 8 November, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:38802] (1 of 3) [SOSA-1157/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc III Suspension Of Sentence Application
(Appeal) No. 1157/2022
Bheru Lal S/o Arjun Lal, Aged About 18 Years, B/c Jat R/o
Surjaniyas Ps Gangrar Dist. Chittorgarh (Presently Lodged In
Dist. Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ram Prasad Singaria
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/11/2023
1. Heard learned counsel for the parties and perused the
material available on record.
2. Learned counsel for the appellant-applicant submits that out
of total sentence of seven years, the appellant-applicant has
already undergone a sentence of 5 years, 8 months and 9 days as
on 08.11.2023. It is also contended that the age of the appellant
is 24 years.
3. Learned Public Prosecutor opposes the application, but is
unable to refute the aforesaid submissions.
4. This Court while taking into consideration the overall
perspective of the factual matrix of the case, particularly, the
prolonged custody of almost 6 years out of 7 years and the appeal
is not likely to be heard soon and having considered the totality of
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facts and circumstances of the case, is inclined to suspend the
substantive sentence awarded to the accused applicant-appellant
5. Accordingly, the present third suspension of sentence
application filed under Sec.389 Cr.P.C. is allowed and it is ordered
that the substantive sentence passed by the trial court vide
judgment dated 04.05.2019 in Sessions Case No.143/2018
(58/2018) against applicant-appellant Bheru Lal S/o Arjun Lal
shall remain suspended till final disposal of the aforesaid appeal,
provided he executes a personal bond in the sum of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned Trial Judge/ Link Court for his appearance in this court on
12.12.2023 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.
7. 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-
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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.
308-/sudheer//-
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