Rajasthan High Court - Jodhpur
Sanjay Kumar Bhoi vs State Of Rajasthan-State ... on 19 October, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:36002]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 2nd Suspension Of Sentence Application
(Appeal) No. 632/2023
Sanjay Kumar Bhoi S/o Sh. Gagan Bhoi, Aged About 35 Years,
Resident Of Hajipur Ward No. 8, Police Station And District
Jagatsingpur (Orissa). At Present Tenant Mukta Prasad, Sector
No. 13, Police Station Naya Shahar, Bikaner. (At Present Lodged
In Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan-State, Through Pp
----Respondent
For Petitioner(s) : Mr. Prem Dayal Bohra
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
19/10/2023
1. Heard learned counsel for the parties.
2. At the outset, Mr. Arun Kumar, learned Public Prosecutor
submits that in compliance of the order dated 05.10.2023 passed
by this Court, the notice upon the complainant has been served
through the concerned SHO.
3. Mr. Prem Dayal Bohra, learned counsel appearing on behalf
of the appellant submits that there is no chance of the appeal
coming up for final hearing and the appellant has already suffered
a custody of 07 years out of 10 years.
4. Mr. Arun Kumar, learned Public Prosecutor though opposes
the suspension of sentence application, but submits that there is
no glaring facts, which could enable him to make submission for
[2023:RJ-JD:36002] (2 of 3) [SOSA-632/2023]
continuance of custody even after a custody of 07 years out of
total 10 years.
5. Although the other factors are important, but the maximum
consideration has been made on account of the custody period,
which is around 07 years out of 10 years sentence, while
suspending this sentence.
6. On conjoint consideration of peculiar facts and circumstances
of the case, particularly, taking into consideration the prolonged
custody of the appellant, this Court is inclined to suspend the
substantive sentence awarded to the accused-appellant.
7. Accordingly, this second S.B. Suspension of Sentence
Application (Appeal) filed under Sec.389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the learned trial
court vide judgment dated 21.01.2020 in Sessions (CIS) Case
No.46/2018 against appellant Sanjay Kumar Bhoi S/o Sh.
Gagan Bhoi shall remain suspended till final disposal of the
aforesaid appeal, 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 04.12.2023 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
i. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
ii. 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.
iii. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
[2023:RJ-JD:36002] (3 of 3) [SOSA-632/2023]
8. 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.
(DR.PUSHPENDRA SINGH BHATI),J
382-Zeeshan
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