Kaana Ram @ Kanaram vs State Of Rajasthan ...
2023 Latest Caselaw 9903 Raj

[2023:RJ-JD:39646]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 801/2023

Kaana Ram @ Kanaram S/o Shri Rajaram, Aged About 33 Years, R/o Vandhar Ps Bhinmal Dist. Jalore Raj. (Lodged In The Sub Jail Bhinmal Dist. Jalore)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. T.C. Sharma For Respondent(s) : Mr. Gaurav Singh, AGA

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

20/11/2023

Heard learned counsel for the appellant as well as learned

Addl. Govt. Advocate.

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 Addl. Sessions

Judge, Bhinmal, District Jalore, vide judgment dated 07.07.2023

in Sessions Case No.31/2013 (CIS No.191/2014) against the

appellant-applicant Kaana Ram @ Kanaram S/o Shri Rajaram shall

suspended till final disposal of the aforesaid appeal subject to the

[2023:RJ-JD:39646] (2 of 2) [SOSA-801/2023]

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 21.12.2023 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 214-Ishan/-

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