Champa Ram @APPELLANT@Hash State Of Rajasthan

(1) D.B. Suspension Of Sentence(Appeal) No. 1095/2018

This is the bail application under Section 389 of the Cr.P.C. preferred on behalf of accused-applicant for suspension of sentence awarded to him by

learned Additional Sessions Judge, Jodhpur District in Sessions Case No.31/2015(91/2013) vide judgment dated 10/08/2018, vide which, he has been

convicted and sentenced for offence under Sections 302/34, 341, 323 IPC. Learned public prosecutor for the State, while vehemently opposing the

application, submits that there are two injuries on the abdomen and one is attributed to the appellant-applicant. Learned senior counsel for the accused-

applicant at this stage states that the accused-applicant and the deceased are real brothers.

The allegation against Champa Ram is of hitting with ‘Dhariya’ on the chest, whereas there is no such injury. The injury is found on the

abdomen and the same is attributed to Kripa Ram. Kripa Ram is stated to be the main accused. Accordingly, the application for suspension of

sentence is` allowed and it is ordered that the sentence passed by learned Additional Sessions Judge, Jodhpur District in Sessions Case

No.31/2015(91/2013) vide judgment dated 10/08/2018 against the accused-applicant Champa Ram S/o Hasta Ram shall remain suspended till the final

disposal of the aforesaid criminal appeal provided each of them executes a personal-bond in the sum of Rs.50,000/- along with two sureties in the sum

of Rs.25,000/-each to the satisfaction of the learned Additional Sessions Judge, Jodhpur District on the following conditions:-

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

That if he change the place of residence, he/she/they will give the changed address in writing to the trial court, High Court as well as to his/her/their

counsel in the High Court.

Similarly if sureties change their address, he give in writing their changed address to the trial court. The learned trial court shall keep the record of

attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the

accused-applicant 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-applicant does

not appear before the trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.

(2) D.B. Suspension Of Sentence(Appeal) No. 1096/2018

This is the bail application under Section 389 of the Cr.P.C. preferred on behalf of accused-applicant for suspension of sentence awarded to him by

learned Additional Sessions Judge, Jodhpur District in Sessions Case No.31/2015(91/2013) vide judgment dated 10/08/2018, vide which, he has been

convicted and sentenced for offence under Sections 302/34, 341, 323 IPC. Learned counsel for the appellant-applicant states that the accused-

applicant and the deceased are real brothers.

No specific injury is attributed to the present accused-applicant. He was on bail during trial. Learned counsel for the State has opposed the application.

Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge,

Jodhpur District in Sessions Case No.31/2015(91/2013) vide judgment dated 10/08/2018 against the accused-applicant Chena Ram S/o Hasta Ram

shall remain suspended till the final disposal of the aforesaid criminal appeal provided each of them executes a personal-bond in the sum of Rs.50,000/-

along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned Additional Sessions Judge, Jodhpur District on the following

conditions:-

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

That if he change the place of residence, he/she/they will give the changed address in writing to the trial court, High Court as well as to his/her/their

counsel in the High Court.

Similarly if sureties change their address, he give in writing their changed address to the trial court. The learned trial court shall keep the record of

attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the

accused-applicant 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-applicant does not appear before the trial court, the

learned trial judge shall report the matter to the High Court for cancellation of bail.