Roopa Ram vs State Of Rajasthan (2024:Rj-Jd:8753)
2024 Latest Caselaw 1679 Raj

Rajasthan High Court - Jodhpur

Roopa Ram vs State Of Rajasthan (2024:Rj-Jd:8753) on 20 February, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:8753]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
     S.B. Criminal Misc 3rd Suspension Of Sentence Application
                      (Appeal) No. 1431/2023

Roopa Ram S/o Shri Bhinva Ram, Aged About 38 Years, By Caste
Meghwal, Resident Of Simsiya, Police Station Rajaldesar Tehsil
Ratangarh, District Churu. (At Present Lodged In Sub Jail,
Ratangarh)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. RS Choudhary
For Respondent(s)        :     Mr. Mukesh Trivedi, PP


          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

20/02/2024

Heard learned counsel for the parties 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 is inside jail for

more than eight years and seven months out of ten years of

sentence and hearing of the appeal is likely to take time,

therefore, this court is of the opinion that it is a fit case for

suspending the substantive sentence awarded to the accused

appellant.

Accordingly, the 3rd application for suspension of sentence

filed under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Additional Sessions Judge, Ratangarh,

Dist. Churu, vide judgment dated 02.11.2019 in Sessions Case

No.03/2017 against the appellant-applicant- Roopa Ram S/o Shri

Bhinva Ram, shall remain suspended till final disposal of the

[2024:RJ-JD:8753] (2 of 2) [SOSA-1431/2023]

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 shall 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 this court on 22.03.2024 and whenever ordered

to do so till the disposal of the appeal on the conditions indicated

below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant 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.

3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

4. Appellant shall deposit 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 in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant 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 applicant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

The custody certificate is hereby taken on record.

(MANOJ KUMAR GARG),J 157-GKaviya/-

Powered by TCPDF (www.tcpdf.org)