Rajasthan High Court - Jodhpur
Santosh Kumar vs State Of Rajasthan ... on 19 October, 2023
Bench: Manoj Kumar Garg
[2023:RJ-JD:35998]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2249/2023
Santosh Kumar S/o Shantilal, Aged About 56 Years, R/o- Paduni,
Police Thana Arnod, District Pratapgarh (Raj.).
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. J.en (O And M) Avvn Limited, Chupna, District
Pratapgarh, (Raj.).
----Respondents
For Appellant(s) : Mr. Akshay Nagori
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
19/10/2023
Heard. Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent No.1-State. Thus, notice be issued to respondent No.2
only, returnable on 21.11.2023.
Call for record.
List the matter on 21.11.2023.
Heard on application of suspension of sentence
No.1390/2023.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, 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
[2023:RJ-JD:35998] (2 of 3) [CRLAS-2249/2023]
sentence passed by the learned Special Judge, The Electricity Act,
Pratapgarh, vide judgment dated 25.08.2023 in Sessions Case
No.17/2019 against the appellant-applicant Santosh Kumar S/o
Shantilal shall remain suspended till final disposal of the aforesaid
appeal subject to the condition that the appellant shall deposit
50% of the fine amount as imposed by the learned trial Court and
he will be released on bail, 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
the 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 the 50% of 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
[2023:RJ-JD:35998] (3 of 3) [CRLAS-2249/2023]
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
201-Ishan/-
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