Rajasthan High Court - Jodhpur
Dr. B.R. Parihar vs Uoi on 23 October, 2019
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1120/2019
Dr. B.R. Parihar S/o Sh. Genaram, Aged About 52 Years, B/c
Mali, R/o Village And Post Balarva, Tehsil Osiya, District Jodhpur
Presently Sr. D.m.o. Railway Health Unit, Hissar (Haryana).
(Presently Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
Uoi, Through C.b.i.
----Respondent
For Petitioner(s) : Mr. Rakesh Arora
For Respondent(s) : Mr. Vikram Sharma PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 23/10/2019 Heard.
Admit.
Heard learned counsel for the appellant and learned public prosecutor on application of 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, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Special Judge, CBI Cases, Jodhpur vide judgment dated 14.10.2019 in Special Criminal Case No.2/2018 against the appellant-applicant Dr. B.R. Parihar S/o Sh. Genaram shall remain suspended till final disposal of the aforesaid appeal and he will 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 (Downloaded on 23/10/2019 at 09:02:52 PM) (2 of 2) [SOSA-1120/2019] 25/11/2019 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 57-Anshul/-
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