Citation : 2023 Latest Caselaw 8247 Raj
Judgement Date : 9 October, 2023
[2023:RJ-JD:33977]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1083/2023
Sandeep Singh S/o Sandura Singh, Aged About 30 Years, R/o Chak 28 L.l.w. Rohi Pakka Bhadwa Dist. Hanumangarh (At Present Lodged In Central Jail Bikaner)
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. G.R. Punia, Sr. Advocate with Mr. Jai Naveen.
For Respondent(s) : Mr. A.R. Choudhary, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
09/10/2023
Heard learned counsel for the applicant appellant and
learned Public Prosecutor on the application for suspension of
sentences.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
as available on the record, this Court is of the opinion that it is a
fit case for suspending the sentences awarded to the accused
appellant during pendency of the instant appeal.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge No.2,
Hanumangarh, vide judgment dated 22.08.2023 in Sessions Case
No.109/2018 against the appellant-applicant Sandeep Singh S/o
[2023:RJ-JD:33977] (2 of 2) [SOSA-1083/2023]
Sandura Singh, shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail, 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 for his appearance in this court on 16.11.2023 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.
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.
(KULDEEP MATHUR),J 906-Tikam/-
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