Rajasthan High Court - Jodhpur
Raju vs State Of Rajasthan (2025:Rj-Jd:9731) on 18 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:9731]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1627/2024
Raju S/o Sh. Lala Ram, Aged About 24 Years, R/o Keshav Nagar,
Ps Kotwali, Pali Dist. Pali. (Lodged In Dist. Jail Pali)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sabir Khan
For Respondent(s) : Mr. Kuldeep Singh Kumpawat, Asst. to
Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
18/02/2025
Heard learned counsel for the appellant as well as learned
Assistant to Addl. Advocate General and perused the material
available on record.
Learned counsel for the appellant submits that as per the
report, only one injury is found to be grievous in nature and
remaining all injuries are simple in nature. The appellant has been in
custody since 27.04.2022 the trial and hearing of the appeal will take
sufficient long time. Therefore, the sentence may kindly be
suspended.
Learned Assistant to Addl. Advocate General opposed the
prayer made by the counsel for the appellant.
Upon a consideration of the arguments advanced on behalf of
the appellant and having regard to the facts and circumstances of
[2025:RJ-JD:9731] (2 of 3) [SOSA-1627/2024]
the case, the appellant has been in custody since 27.04.2022,
therefore, this Court is of the opinion that it is a fit case for
suspending the sentences awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. (430(2) BNSS) is allowed and it is ordered
that the sentence in the judgment dated 20.11.2024 passed by the
learned Special Judge, SC/ST (Prevention of Atrocity Cases), Pali, in
Sessions Case No.155/2022 against the appellant-applicant Raju
S/o Sh. Lala Ram, shall remain suspended till final disposal of the
aforesaid appeal and he will be released on bail, provided he
executes 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 20.03.2025 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.
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
[2025:RJ-JD:9731] (3 of 3) [SOSA-1627/2024]
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
119-Ishan/-
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