Vikas @ Aakash vs State Of Rajasthan (2024:Rj-Jd:40734)
2024 Latest Caselaw 8697 Raj

Rajasthan High Court - Jodhpur

Vikas @ Aakash vs State Of Rajasthan (2024:Rj-Jd:40734) on 1 October, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

[2024:RJ-JD:40734]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 569/2024

                                           IN

                     S.B. Criminal Appeal No. 667/2024

Vikas @ Aakash S/o Shri Mithiya Kalveliya, Aged About 32 Years,
R/o Charliya Brahman, P.S. - Nimbahera, Dist. Chittorgarh,
Rajasthan. (Presently Lodged At Jail, Udaipur)
                                                                      ----Applicant
                                       Versus
State Of Rajasthan, Through PP
                                                                    ----Respondent


For Applicant (s)            :     Mr. Zafar Khan.
For Respondent(s)            :     Mr. Urja Ram Kalbi, PP.



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

01/10/2024

1. Heard learned counsel for the parties on the prayer for

suspension of sentence.

2. 10 years simple imprisonment has been awarded against the

applicant for offence under Section 395 IPC. The applicant has

already remained in jail for more than 7 years.

3. Learned Public Prosecutor opposed the prayer for suspension

of sentence.

4. Considering the aforesaid facts as well as the fact that the

appeal would take time for final disposal, the instant application

for suspension of sentence stands allowed. The sentence awarded

against the applicant above-named by the Learned Additional

Sessions Judge, Begun, District Chittorgarh, Rajasthan vide

[2024:RJ-JD:40734] (2 of 2) [SOSA-569/2024]

judgment dated 18.12.2023 passed in Sessions Case No.43/2021

(37/2015) shall remain suspended till final disposal of the appeal

provided that he furnishes a bail bond of Rs.50,000/- with two

sureties of like amount (one of the sureties of territorial

jurisdiction of the trial court) to the satisfaction of the learned trial

Court with following conditions:-

(1) That he will appear in person before the trial court in the first week of November 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(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

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 77-sumer/-

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