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Rajasthan High Court · body

2019 DIGILAW 1700 (RAJ)

Kishan Lal v. State, Through PP

2019-05-29

MANOJ KUMAR GARG

body2019
JUDGMENT 1. The matter comes up on an application under Section 5 of the Limitation Act for condonation of delay in filing the criminal appeal. 2. For the reasons stated in the application, the application is allowed. The delay in filing the criminal appeal is condoned. 3. Heard. 4. Admit. Learned Public Prosecutor accepts notices on behalf of the respondent-State. Call for record. 5. Heard on application for suspension of sentence No. 618/2019. 6. Upon a consideration of the arguments advanced on behalf of the appellant 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 sentences awarded to the accused appellant. 7. 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 Upper Sessions Judge, Nathdwara, vide judgment dated 09.04.2018 in Session Case No. 02/2017 against the appellant-applicant Kishan Lal S/o Bhanwar Lal Darji, 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 10.07.2019 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. 8. 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.