Hanumanram @ Harish @ Hadya vs State Of Rajasthan

The matter comes up on an application filed on behalf of the appellant for being released from the jail pursuant to the orders dated 08.12.2020 and 07.01.2021 passed in the present appeal.

Submissions have been made that the application seeking suspension of sentence was filed by the appellant which came to be allowed by order dated 24.10.2018, inter-alia, requiring the appellant to mark his presence before the trial court in the month of January every year.

Pursuant to the said order, the appellant marked his presence before the trial court in the month of January 2019, however, thereafter in the month of August 2020, the appellant was arrested in connection with the Criminal Case No.86/2019 Police Station RGT, Rawalpindi Nagar, District Barmer and was sent to judicial custody on account of which the appellant could not mark his presence in the month of January 2020 and, therefore, a communication dated 21.03.2020 was sent by the trial court to this Court indicating the non appearance.

This Court by order dated 03.09.2020 issued bailable warrants to ensure presence of the appellant before this Court, on which, the warrants were returned back with report that the appellant was lodged at Central Jail, Jodhpur in connection with the Criminal Case No.86/2019.

This Court on 08.12.2020 ordered that the appellant shall not be released from the prison without permission of this Court, which order was reiterated on 07.01.2021.

Counsel for the appellant submits that the appellant has been granted bail in connection with Criminal Case No.86/2019 Police Station RGT, Rawalpindi Nagar, District Barmer on account of which he was in custody. However, on account of orders dated 08.12.2020 and 07.01.2021 passed by this Court, he has not been released from custody.

Submissions have been made that pursuant to the order of suspension of sentence dated 24.10.2018, the appellant had marked his presence before the trial court in the month of January, 2019 and as he was in custody, he could not mark his presence in the year 2020 onwards. Learned counsel further assures that the appellant would continue to follow the order dated 24.10.2018 pertaining to marking his presence before the trial court every year in the month of January from 2024 onwards.

In view of the above fact situation, wherein in the year 2020, the appellant could not present himself before the trial court on account of he being in judicial custody and assurance is being given that he would continue to appear before the trial court every year in the month of January from 2024 onwards, the application is allowed and the orders dated 08.12.2020 and 07.01.2021, whereby it was directed that the appellant - Hanumanram @ Harish @ Hadya shall not be released from the prison without permission of this Court, are vacated. The appellant be released from the prison in terms of the bail granted to him in criminal case No.86/2019 Police Station RGT, Rawalpindi Nagar, District Barmer.

The appellant would continue to follow the directions given in the order dated 24.10.2018 passed by this Court from January, 2024 onwards.

A copy of this order be sent to the trial court.