Om Prakash vs State Of Rajasthan (2023:Rj-Jd:39851)
2023 Latest Caselaw 9933 Raj

Rajasthan High Court - Jodhpur

Om Prakash vs State Of Rajasthan (2023:Rj-Jd:39851) on 21 November, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:39851]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2446/2023

Om Prakash S/o Luna Ram, Aged About 45 Years, R/o 24 Bb
Sanjana Nagar Padampur P.s. Dist. Sri Ganganagar.
                                                                       ----Appellant
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Payal Soni W/o Raju Soni, R/o At Present On Rent House
         Nikhil,     Tulshi   Colony       Near      Poltechnical      College,   Sri
         Ganganagar.
                                                                    ----Respondents


For Appellant(s)              :    Mr. Ashok Kumar
For Respondent(s)             :    Mr. Gaurav Singh, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

21/11/2023

Heard.

Admit.

Call for record.

Learned Public Prosecutor accepts notice on behalf of

respondent-State. Issue notice to respondent No.2, returnable on

15.01.2024.

Heard on suspension of sentence application No.1517/2023.

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 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

[2023:RJ-JD:39851] (2 of 3) [CRLAS-2446/2023]

sentence passed by the learned Upper Sessions Judge No.2,

Sriganganagar, vide judgment dated 26.10.2023 in Sessions Case

No.24/2022 (C.I.S. No.68/2022) against the appellant Om

Prakash S/o Luna Ram, shall remain suspended till final disposal of

the aforesaid appeal subject to depositing the 50% fine 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 03.01.2024 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

[2023:RJ-JD:39851] (3 of 3) [CRLAS-2446/2023]

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(MANOJ KUMAR GARG),J 190-raksha/-

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