Saka vs State Of Rajasthan (2025:Rj-Jd:28445)
2025 Latest Caselaw 1682 Raj

Rajasthan High Court - Jodhpur

Saka vs State Of Rajasthan (2025:Rj-Jd:28445) on 2 July, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:28445]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 954/2025

Saka S/o Shri Babru, Aged About 62 Years, R/o Village Bhano Ka
Oda, P.s. Lasadiya, Dist. Udaipur (Raj.)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Shambhoo Singh
For Respondent(s)         :     Mr. Surendra Bishnoi, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

02/07/2025

Heard learned counsel for the appellant as well as learned

Public Prosecutor and 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 his sentence has already been suspended by

the trial court and there is no chance of hearing of the present

appeal in near future, 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 389 Cr.P.C. (430 of BNSS) is allowed and it is

ordered that the sentence passed by the learned District &

Sessions Judge, Udaipur, vide judgment dated 08.05.2025 in

Sessions Case No.113/2021 (CIS No.113/2021) against the

[2025:RJ-JD:28445] (2 of 2) [SOSA-954/2025]

applicant Saka S/o Shri Babru, 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 11.07.2025

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 93-MS/-

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