Ashok Singar vs State Of Rajasthan ...
2023 Latest Caselaw 8248 Raj

[2023:RJ-JD:34001]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 960/2023

Ashok Singar S/o Loona Ram, Aged About 30 Years, R/o Godawas, P.s. Bhopalgarh Dist. Jodhpur,. (At Present Lodged In Central Jail, Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. JK Suthar For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

09/10/2023

Heard learned counsel for the appellant as well as learned

Public Prosecutor and perused the material available on record.

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 the 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

sentence passed by learned Sessions Judge, Jodhpur District, vide

judgment dated 02.08.2023 in Sessions Case No.123/2016 against

the appellant-applicant Ashok Singar S/o Loona Ram, shall remain

suspended till final disposal of the aforesaid appeal and he shall be

released on bail subject to deposit 50% of the fine amount as

[2023:RJ-JD:34001] (2 of 2) [SOSA-960/2023]

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 20.11.2023 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.

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 544-MS/-

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