High CourtsSingle Bench

Baldev @ Bablu And Ors vs State Of Rajasthan

Rajasthan High Court · Decided on 27 November 2020 · Citation: (2020) 11 RAJ CK 0096

HON’BLE JUDGES
Dr.Pushpendra Singh Bhati, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 389
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 430 Of 2020
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Judgment

24 paragraphs · 424 words

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

The matter comes up on an application for suspension of sentence no.462/2020.

Learned counsel for the appellants submits that he has already withdrawn the application qua the appellant no.4 Ravindra Singh @ Banna S/o

Yudhveer Singh on 19.8.2020.

Heard learned counsel for the appellants no.1 to 3 and learned P.P. on application for suspension of sentence and perused the material available on

record.

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 applicants- appellants (1) Baldev @ Bablu S/o Budhram, (2) Madan Singh S/o Ranjeet Singh and (3) Shubhas Khichad S/o

Mahendra Singh.

Accordingly, S.B. Suspension of Sentence (Appeal) No. 462/2020 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 7.3.2020 in Sessions Case No.14/2017 (C.I.S. No.51/2017) against applicants-appellants (1)

Baldev @ Bablu S/o Budhram, (2) Madan Singh S/o Ranjeet Singh and (3) Shubhas Khichad S/o Mahendra Singh shall remain suspended till final

disposal of the aforesaid appeal, provided each of them execute 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 their appearance in this court on 11.01.2021 and whenever ordered to do so, till the disposal of the appeal on

the conditions indicated below:-

1.

That they will appear before the trial Court in the month of January of every year till the appeal is decided.

2.

That if the appellants change the place of residence, they will give in writing 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.

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.