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2022 DIGILAW 910 (RAJ)

Sanklaram v. State Of Rajasthan

2022-03-16

PUSHPENDRA SINGH BHATI

body2022
JUDGMENT Dr. Pushpendra Singh Bhati, J. - In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned. 2. Heard learned counsel for the parties and perused the record. 3. Counsel for the appellant submits that the appellant is in custody for about 2 1/2 years. He was on bail during trial and there are no previous criminal antecedents of the present appellant, thus, prayed to suspend his sentence. 4. Learned PP opposed the application. 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. 144/2022 filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by learned additional Sessions Judge, Bali, District Pali vide judgment dated 15.11.2021 in Sessions Case No.02/2015 against appellant Sanklaram S/o Lalaram shall remain suspended till final disposal of 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 learned trial Judge for his appearance in this court on 28.04.2022 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. 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- 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.