Jagdish vs State Of Rajasthan (2024:Rj-Jd:9196)
2024 Latest Caselaw 1762 Raj

Rajasthan High Court - Jodhpur

Jagdish vs State Of Rajasthan (2024:Rj-Jd:9196) on 22 February, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:9196]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                         No. 187/2024

1. Jagdish S/o Bagdawat Ram, Aged About 42 Years, R/o Chak 8
B.H.D. Kankadwala, Tehsil Loonkaransar, District Bikaner.
2. Bhup Ram S/o Budh Ram, R/o Chak 274 R.D. Phooldesar,
Tehsil Loonkaransar, District Bikaner.
                      (At Present Lodged At Central Jail Bikaner)
                                                                   ----Petitioner
                                   Versus
 State Of Rajasthan, Through Pp
                                                                ----Respondents


For Petitioner(s)        :     Mr. RS Choudhary
For Respondent(s)        :     Ms. Anita Gehlot, PP
                               Mr. Mahaveer Bishnoi
                               Mr. Jayram Saran & Mr Bharat Singh



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

22/02/2024

Heard learned counsel for the parties.

Upon a consideration of the arguments advanced on behalf

of the appellants and having regard to the facts and circumstances

of the case including the facts that the appellants were on bail

during the trial and there is no chance of hearing of the appeal in

near future, this Court is of the opinion that it is a fit case for

suspending the substantive sentences awarded to the accused

appellants.

Accordingly, the application for suspension of sentence filed

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

substantive sentences passed by the learned Addl. Sessions Judge

No.2, Bikaner, vide judgment dated 31.01.2024 in Sessions Case

No.64/2023 against the appellants (1) Jagdish S/o Bagdawat Ram

[2024:RJ-JD:9196] (2 of 2) [SOSA-187/2024]

& (2) Bhup Ram S/o Budh Ram, shall remain suspended till final

disposal of the aforesaid appeal and they shall be released on bail

subject to deposit 50% of the fine amount as imposed by the

learned trial Court and provided each of them 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 their

appearance in this court on 27.03.2024 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. Appellants 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 178-MS/-

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