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2017 DIGILAW 1368 (RAJ)

Ladu S/o Shri Banna v. State of Rajasthan

2017-05-29

GOVIND MATHUR, NIRMALJIT KAUR

body2017
ORDER : While pressing this application, learned counsel for the applicants submits that the applicant is behind the bars since 2013. It is further pointed out that in the first First Information Report name of the present applicant was not for the complainants and the same was added subsequently during course of the investigation. It is further pointed out that there is no allegation against the applicant for causing any fatal injury to the deceased. 2. As per learned counsel all other accused persons except Bheru and the present applicant have already been released on bail on acceptance of their application seeking suspension of sentence. 3. Learned Public Prosecutor opposed the application in general. 4. Having considered all facts of the case, without making any observation on merits of the case, we are inclined to grant this application. Accordingly, the same is allowed. 5. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge, Gulabpura, District Bhilwara (Sessions Case No.9/2013) vide his judgment dated 5.11.2014 against the applicant Ladu S/o. Shri Banna shall remain suspended till the final disposal of the aforesaid criminal appeal provided he/she/they executes two sureties in the sum of Rs.25,000/- each and a personal-bond in the sum of Rs.50,000/- to the satisfaction of learned trial court for his/her/their appearance in this Court on 3.07.2017 and subsequently before the trial court on the following conditions:- 1. That he/she/they will appear before the trial court in the month of January every year till the appeal is decided. 2. That if the appellant change the place of residence, he/she/they will give the changed address in writing to the trial court, High Court as well as to his/her/their counsel in the High Court. 3. Similarly if sureties change his/her/their address, they will give in writing his/her/their changed address to the trial court. The learned trial court shall keep the record of attendance of the accused appellant in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellant 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. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellant 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 appellant do/does not appear before the trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.