Rajasthan High Court - Jodhpur
Tarachand vs State Of Rajasthan (2024:Rj-Jd:10469) on 1 March, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:10469]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 133/2024
1. Tarachand S/o Late Shri Tulsi Ram, Aged About 46 Years,
R/o Dagaliyo Ki Magri, Bhuwana, At Present R/o
Shobhagpura, Sukher Police Station, Udaipur, Dist.
Udaipur.
2. Mohan Lal S/o Late Tulsi Ram, Aged About 44 Years, R/o
Dagaliyo Ki Magri, Bhuwana, At Present R/o
Shobhagpura, Sukher Police Station, Udaipur, Dist.
Udaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Khemraj S/o Shri Hameera Ji Meghwal, R/o Liyo Ka Guda,
Amba Mata Police Station, Udaipur, Dist. Udaipur.
----Respondents
For Petitioner(s) : Mr. Gopal Singh Bhati
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/03/2024
Heard learned counsel for the appellants as well as learned
Public Prosecutor.
Learned counsel for the appellants submits that the accused-
appellants were on bail during trial and hearing of the appeal will
take sufficiently long time, therefore, the sentence of the
appellants may kindly be suspended.
Learned Public Prosecutor opposed the prayer made by the
counsel for the appellants.
[2024:RJ-JD:10469] (2 of 3) [SOSA-133/2024]
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
suspending the substantive sentence 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 Special Judge, SC/ST
Act Cases, Udaipur vide judgment dated 19.01.2024 in Special
Sessions Case No.111/2021 against the appellants-applicants - (1)
Tarachand S/o Late Shri Tulsi Ram and (2) Mohan Lal S/o Late
Tulsi Ram shall be suspended till final disposal of the aforesaid
appeal subject to the condition that the appellants shall deposit
50% of the fine amount as imposed by the learned trial Court and
they will be released on bail, 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 03.04.2024 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.
[2024:RJ-JD:10469] (3 of 3) [SOSA-133/2024]
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
270-Rashi/-
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