Rajasthan High Court - Jodhpur
Prem Aka Prem Ratan vs State Of Rajasthan on 28 October, 2021
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 928/2021
1. Prem Aka Prem Ratan S/o Jaisukh Ram, age 40 years, by
caste Bishnoi, R/o Bandhala, P.S. Panchu, District Bikaner.
2. Shyamlal S/o Jaisukh Ram, aged 32 years, by caste Bishnoi,
R/o Riko Road No5, Rani Bazaar, P.S. Gangashahar, Bikaner.
3. Bhagwan Ram S/o Banwar Lal Bishnoi, aged 34 years, R/o
Jaisinghdesar Magra, P.S. Panchu, District Bikaner.
4. Om Prakash S/o Jagdish, aged 29 years, R/o Near Cinemagic
Hall, Rani Bazar, P.S. Gangashahar, Bikaner.
----Appellant
Versus
The State Of Rajasthan
----Respondent
For Appellant(s) : Mr. H.S. Shrimali
For Respondent(s) : Mr. Mukesh Trivedi, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 28/10/2021 Heard. Admit.
Heard on application of suspension of sentence No.630/2021.
Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, appellants were on bail during the trial, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellants. (Downloaded on 28/10/2021 at 09:28:22 PM)
(2 of 3) 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 Addl. Sessions Judge No.4, Bikaner, vide judgment dated 27.09.2021 in Sessions Case No.83/2012 against the appellant-applicants (1) Prem Aka Prem Ratan S/o Jaisukh Ram, (2) Shyamlal S/o Jaisukh Ram, (3) Bhagwan Ram S/o Banwar Lal & (4) Om Prakash S/o Jagdish, shall remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellants shall deposit the fine amount as imposed by the learned trial Court and they will be released on bail, provided they execute a personal bond in the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 29.11.2021 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.
4. Appellants shall deposit the fine amount as imposed by the learned 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. (Downloaded on 28/10/2021 at 09:28:22 PM)
(3 of 3) 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 C-1-Ishan/-
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