Citation : 2025 Latest Caselaw 4003 Raj
Judgement Date : 9 January, 2025
[2025:RJ-JD:1489]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 45/2025
Sunil Hooda S/o Sawraram, Aged About 24 Years, R/o Rampura
Bas, P.s. Sadar Dist. Churu (At Present Lodged In Dist. Jail,
Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Jaipal Singh
For Respondent(s) : Mr. Narendra Gehlot, PP assisted by
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/01/2025
Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the material available on record.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that the appellant was on bail
during the trial and hearing of the appeal is likely to take time,
therefore, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Learned Public Prosecutor has opposed the prayer made by
the counsel for the appellant.
Accordingly, the application for suspension of sentence filed
under Section 430 B.N.S.S. is allowed and it is ordered that the
sentence passed by learned Additional Sessions Judge, Churu,
[2025:RJ-JD:1489] (2 of 2) [SOSA-45/2025]
vide judgment dated 19.12.2024 in Sessions Case No.210/2018
against the appellant-applicant- Sunil Hooda S/o Sawraram, shall
remain suspended till final disposal of the aforesaid appeal and he
shall be released on bail, 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 13.02.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That she will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant changes the place of residence, she will give in writing her changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address, 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 in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant was 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 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 190-GKaviya/-
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