Citation : 2025 Latest Caselaw 3870 Raj
Judgement Date : 7 January, 2025
[2025:RJ-JD:802]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1681/2024
1. Satveer @ Sattu S/o Kumbharam, Aged About 58 Years,
2. Madanlal S/o Kumbharam, Aged About 50 Years,
3. Devilal @ Bhalaram S/o Kumbharam, Aged 44 Years,
4. Ranjeet S/o Doulatram, Aged About 34 Years,
5. Rakesh S/o Doulatram, Aged About 32 Years,
All R/o Sawar P.s. Bhanipura, Dist. Churu.
6. Maniram S/o Rameshwarlal, Aged About 35 Years, R/o
Ghaniyasar, P.s. Pallu Dist. Hanumangarh
(Presently Lodged In Dist. Jail, Churu)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pankaj Kumar Gupta
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/01/2025
Heard learned counsel for the appellants and learned Public
Prosecutor on the application for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case including the facts that the appellants were on bail
during the trial and there is no chance of hearing of the appeal in
near future, this Court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellants.
[2025:RJ-JD:802] (2 of 3) [SOSA-1681/2024]
Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by the learned Addl. Sessions Judge,
Sardarshehar, District Churu, vide judgment dated 04.12.2024 in
Session Case No.07/2021 (88/2014) (14/2013) (37/2012) against
the applicants (1) Satveer @ Sattu S/o Kumbharam (2) Madanlal
S/o Kumbharam, (3) Devilal @ Bhalaram S/o Kumbharam, (4)
Ranjeet S/o Doulatram, (5) Rakesh S/o Doulatram & (6) Maniram
S/o Rameshwarlal, shall remain suspended till final disposal of the
aforesaid appeal and they shall 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
24.02.2025 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
[2025:RJ-JD:802] (3 of 3) [SOSA-1681/2024]
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 153-MS/-
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