Citation : 2025 Latest Caselaw 3866 Raj
Judgement Date : 7 January, 2025
[2025:RJ-JD:779]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1697/2024
Aasuram S/o Shri Babulal, Aged About 25 Years, R/o Basni Saija,
Police Station Gotan, Dist. Nagaur. (Presently Lodged At Sub Jail,
Merta)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikram Singh Choudhary
For Respondent(s) : Mr. Deepak Chowdhary, GA-cum-AAG
assisted by Mr. K.S. Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/01/2025
Heard learned counsel for the parties.
Learned counsel for the appellant submits the accused-
appellant was on bail during trial and hearing of the appeal will
take sufficiently long time, therefore, the sentence of the
appellant may kindly be suspended.
Learned AAG has 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 the case, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 430 B.N.S.S. is allowed and it is ordered that the
sentences passed by the learned District & Sessions Judge, Merta
[2025:RJ-JD:779] (2 of 2) [SOSA-1697/2024]
vide judgment dated 29.11.2024 in Sessions Case No.08/2021
against the appellant-applicant - Aasuram S/o Shri Babulal shall
be suspended till final disposal of the aforesaid appeal provided he
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 his appearance in this court on 07.02.2025 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 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 74-Rashi/-
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