Vithala vs State Of Rajasthan (2023:Rj-Jd:40148)
2023 Latest Caselaw 9996 Raj

Rajasthan High Court - Jodhpur

Vithala vs State Of Rajasthan (2023:Rj-Jd:40148) on 22 November, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:40148]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                              No. 1328/2023

Vithala S/o Kachru, Aged About 29 Years, R/o- Padamnath Ka
Gudha, P.s. Sadar, Dist. Banswara. (Lodged In Central Jail
Udaipur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Bhawani Singh
For Respondent(s)         :     Mr. Javed Gauri, PP
                                Mr. GS Rathore



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

22/11/2023

Heard learned counsel for the parties.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the fact that appellant was on bail during trial

and a specific allegation for inflicting injury has been levelled

against co-accused Prakash and only omnibus allegation has been

levelled against the present appellant, therefore, 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

sentence passed by the learned Additional Sessions Judge,

Banswara vide judgment dated 04.09.2023 in Sessions Case

[2023:RJ-JD:40148] (2 of 2) [SOSA-1328/2023]

No.34/2019 against the appellant Vithala S/o Kachru 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

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

cancellation of bail.

(MANOJ KUMAR GARG),J 161-raksha/-

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