Lal Singh vs State Of Rajasthan ...
2023 Latest Caselaw 9817 Raj

[2023:RJ-JD:39283]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 770/2023

Lal Singh S/o Udai Singh Rajput, Aged About 30 Years, R/o Bansa, Police Station Salumbar, District Udaipur. (At Present Lodged In Central Jail, Udaipur)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Smt. Durga W/o Shri Bhagwan Meena, R/o Village Bansa, Tehsil Salumber, District Udaipur.

----Respondent

For Petitioner(s) : Mr. Naresh Khatri For Respondent(s) : Mr. Javed Gauri, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

16/11/2023

Heard learned counsel for the appellant as well as learned

Public Prosecutor.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case, appellant was on bail during the trial, this court is of

the opinion that it is a fit case for suspending the 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,

Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act

Cases, Udaipur, vide judgment dated 15.06.2023 in Sessions Case

No.13/2018 against the appellant-applicant Lal Singh S/o Udai

Singh Rajput, shall suspended till final disposal of the aforesaid

[2023:RJ-JD:39283] (2 of 2) [SOSA-770/2023]

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 18.12.2023 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.

4. Appellant shall deposit 50% of the 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 121-Ishan/-

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