Rajasthan High Court - Jodhpur
Babu vs State Of Rajasthan (2024:Rj-Jd:31842) on 1 August, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JD:31842]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 714/2024
In S.B. Criminal Appeal No.839/2024
1. Babu S/o Neenaji, Aged About 44 Years, R/o Ravach Kayara
Ka Khet, P.s. Sayara, Dist. Udaipur
2. Uda S/o Raja, age about 40 years, R/o Ravach Kayara Ka
Khet, P.s. Sayara, Dist. Udaipur
3. Babu S/o Jagga, age about 55 years, R/o Ravach Kayara Ka
Khet, P.s. Sayara, Dist. Udaipur
4. Lala S/o Chapa, age about 35 years, R/o Ravach Kayara Ka
Khet, P.s. Sayara, Dist. Udaipur.
5. Harma S/o Babu, age about 40 years, R/o Ravach Kayara Ka
Khet, P.s. Sayara, Dist. Udaipur
6. Tila S/o Babu, age about 35 years, R/o Ravach Kayara Ka
Khet, P.s. Sayara, Dist. Udaipur
----Applicants
Versus
State Of Rajasthan, Through PP
----Respondent
For Applicant(s) : Mr. Gopal Singh BHati
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
01/08/2024
1. Heard the parties on prayer for suspension of sentence.
2. Learned counsel for the applicants submits that the
prosecution case is that unknown persons committed theft of 14
goats of the informant and 14 of the brother of the informant. The
goats were recovered from jungle side on the same day. There is
no evidence that anyone identified the applicants taking away the
goats. The applicants were on bail during trial.
[2024:RJ-JD:31842] (2 of 3) [SOSA-714/2024]
3. Learned Public Prosecutor opposed the prayer for suspension
of sentence.
4. Considering substance in the submission of learned counsel
for the applicants as well as the fact that the appeal would take
time for final disposal, the instant application for suspension of
sentence is allowed. The sentence awarded against the applicants
above-named by the Learned Additional District and Sessions
Judge No.4, Udaipur vide judgment dated 28.03.2024 passed in
Sessions Case No.33/2017 shall remain suspended till final
disposal of the appeal provided that they furnish a bail bond of
Rs.1,00,000/- with two sureties of like amount (one of the
sureties is of territorial jurisdiction of the trial court) to the
satisfaction of the learned trial Court with the following
conditions:-
(1) That they will appear in person before the trial court in
the first week of July of every year till the appeal is decided.
(2) That if the applicants change the place of residence,
they will give in writing 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(s) to the trial
court.
5. 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
[2024:RJ-JD:31842] (3 of 3) [SOSA-714/2024]
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.
(BIRENDRA KUMAR),J
54-charul/-
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