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2021 DIGILAW 190 (RAJ)

Balvinder Singh @ Bitu Jatsikh v. State Of Rajasthan

2021-01-22

PUSHPENDRA SINGH BHATI

body2021
JUDGMENT Pushpendra Singh Bhati, J. - In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts. 2. Learned counsel for the petitioner submits that the sentence of co-accused Raspal Singh @ Pali has already been suspended by this court vide order dated 10.05.2019 passed in S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.103/2019. 3. Learned AAG opposes the suspension of sentence application but is not in a position to point out any differentiating circumstance of the petitioner from Raspal Singh's case and in that case, the sentence has already been suspended. 4. This Court heard learned counsel for the parties and perused the material available on record. 5. Having considered the totality of facts and circumstances of the case, this Court considers it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant. 6. Accordingly, S.B. Suspension of Sentence (Appeal) No. 54/2021 filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 06.03.2018 in Sessions Case No.83/2014 against applicant-appellant Balvinder Singh @ Bitu Jatsikh S/o Baldev Singh shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 22.02.2021 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- 1. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address, 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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. 7. 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 original case in which the accused- appellant was 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 does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.