Bhagirath Nai vs Union Of India (2024:Rj-Jd:37666)
2024 Latest Caselaw 7926 Raj

Rajasthan High Court - Jodhpur

Bhagirath Nai vs Union Of India (2024:Rj-Jd:37666) on 10 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

[2024:RJ-JD:37666]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 873/2024

                                           IN

                     S.B. Criminal Appeal No. 1062/2024

Bhagirath Nai S/o Shri Kishna Ram, Aged About 40 Years, R/o
Village Jeganiya Bidavtan, Tehsil Ratangarh, Dist. Churu. The
Then Postal Assistant, Head Post Office,churu. (Lodged At
Central Jail, Jodhpur)
                                                                     ----Applicant
                                       Versus
Union Of India, Through The Pp, C.b.i.
                                                                    ----Respondent


For Applicant (s)            :     Mr. Manoj Kumar Pareek.
For Respondent(s)            :     Mr. Mukesh Rajpurohit, DSG assisted
                                   by Prakash Raika.



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

10/09/2024

1. Heard the parties on prayer for suspension of sentence.

2. Learned counsel for the applicant submits that 4 years

rigorous imprisonment has been awarded by the impugned

judgment dated 15.7.2024. Appellant is suffering from Cancer,

which would be evident from the medical report received through

Jail Authority.

3. Learned Public Prosecutor opposed the prayer for suspension

of sentence.

4. Considering substance in the submission of learned counsel

for the applicant as well as the fact that the appeal would take

time for final disposal, the instant application for suspension of

[2024:RJ-JD:37666] (2 of 2) [SOSA-873/2024]

sentence is allowed. The sentence awarded against the applicant

above-named by the Learned Special Judge, C.B.I. Jodhpur vide

judgment dated 15.07.2024 passed in Sessions Case No.15/2019

shall remain suspended till final disposal of the appeal provided

that they furnish bail bond of Rs.50,000/- each with two sureties

of like amount (one of the sureties of territorial jurisdiction of 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 October 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 92-sumer/-

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