The High Court allowed an application for suspension of sentence, directing appellants to execute a bond and appear before the trial court annually until the appeal is disposed of.
Suspension of substantive sentence awarded; execution of personal bond with two sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Suspension Of Sentence(Appeal) No. 926/2018
1 Leelu Ram @ Balram S/o Shyochand, Aged About 30 Years 2 Mohan Lal S/o Surja Ram, aged 28 years 3 Jai Pal S/o Mana Ram, aged 35 years
All B/c Jat, R/o Vill. Bhangwa, Teh. Bhadra, Dist. Hanumangarh (Presently Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Choudhary For Respondent(s) : Mr. L.R. Upadhyay, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
03/10/2018
Heard learned counsel for the parties on suspension of sentence application.
Having considered the totality of facts and circumstances of
the case, I consider it just and proper to suspend the substantive sentence awarded to the accused appellants.
Accordingly, application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 24.08.2018 in Sessions Case No.37/2012 against appellants (1) Leelu Ram @ Balram S/o Shyochand (2) Mohan Lal S/o Surja Ram (3) Jai Pal S/o Mana Ram shall remain suspended till final disposal of the aforesaid appeal, provided each of them executes a personal bond in a sum of Rs.50,000/- with two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 03.11.2018 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-
The learned trial Court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal misc. Case related to original case in which the accused-appellants 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 appellants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(VIJAY BISHNOI),J
Taruna
1 issue framed by the court
Whether the appellant is entitled to suspension of sentence under Section 389 Cr.P.C.
1 provisions across 1 enactments
Leelu Ram @ Balram
Mohan Lal
Jai Pal
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
