Suspended sentence application allowed. Substantive sentence for the appellant suspended pending final disposal of appeal, subject to execution of bond and specific conditions of appearance and address reporting.
Substantive sentence suspended pending appeal disposal; appellant to execute bond of Rs.50,000 with two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 527/2022
Raju Kumawat S/o Shri Dharamchand Kumawat, Aged About 54 Years, R/o A-61 Janta Colony Mandsore M.p. (At Present Lodged At Dist. Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Anil Gupta |
|---|---|---|
| For Respondent(s) | : Mr. |
Vikram Sharma,PP |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/07/2022
Heard learned counsel for the petitioner and the learned Public Prosecutor on suspension of sentence application.
Learned Public Prosecutor opposes the suspension of sentence application.
Having considered the totality of facts and circumstances of the case, this Court deems it just and proper to suspend the substantive sentence awarded to the accused applicants.
Accordingly, the present Suspension of Sentence application is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 29.03.2022 in Session Case No.76/2013 (756/2014) against appellant Raju Kumawat S/o Shri Dharamchand Kumawat shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in a sum of Rs.50,000/- with two sureties of Rs.25,000/-
(2 of 2)
[SOSA-527/2022]
each to the satisfaction of the learned trial Judge for his appearance in this Court on 22.08.2022 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-appellant in a separate file. Such file be registered as Criminal misc. Case related to original case in which the accusedappellant 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 do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
92-Sudheer/-
1 issue framed by the court
Whether the substantive sentence awarded by the trial court should be suspended during the pendency of the appeal.
1 provisions across 1 enactments
Raju Kumawat
State Of Rajasthan
DR. Pusphendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
