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2019 DIGILAW 113 (RAJ)

Padam Singh v. State of Rajasthan, Through PP

2019-01-09

MANOJ KUMAR GARG

body2019
JUDGMENT 1. Heard. 2. Admit. Call for record. 3. Issue notice to the respondent. Learned Public Prosecutor accepts notice on behalf of State. 4. Heard learned counsel for the appellant and learned public prosecutor on application of suspension of sentence No. 19/2019. 5. Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, including the fact that appellants were on bail during the trial. This court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellants. 6. 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 Sessions Judge, Pali vide judgment dated 01.12.2018 in Session Case No. 115/2015 against the appellants- applicants 1. Padam Singh S/o Laxman Singh 2. Nand Kishore S/o Babu Lal 3. Pawan Kumar S/o Babu Lal shall remain suspended till final disposal of the aforesaid appeal and he will be released on bail, provided they execute 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 their appearance in this court on 11/02/2019 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. 7. 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. 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.