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Shrawan Kumar And Anr vs State on 6 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Suspension Of Sentence(Appeal) No. 286/2018

1. Shrawan Kumar S/o Sh. Pusaram, Presently Lodged In
Central Jail, Ajmer

2. Sarju Devi W/o Sh. Shrawan Kumar, Presently Lodged In
Central Jail, Jaipur
All Appellants Are By Caste Meghwal, and Resident of
Village Budsu, Tehsil and Police Station- Makrana, District
Nagaur Raj.

—-Appellants/Applicants
Versus
State Of Rajasthan
—-Respondent

For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. J.P.S. Choudhary-PP

HON’BLE MS. JUSTICE NIRMALJIT KAUR

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Order

06/09/2018

This is bail application under Section 389 of Cr.P.C. for

suspension of sentence awarded to the accused-appellants by

Additional Sessions Judge, Parbatsar, District Nagaur vide

Judgment dated 17.01.2018 passed in Sessions Case No. 6/2013

for the offence under Sections 498A 304-B of I.P.C.

Appellants-Shrawan Kumar and Sarju Devi are the father-in-

law and the mother-in-law of the deceased. They are in custody

since 2012.

The appeal is not likely to be heard in near future.

Having considered all the facts and circumstances of case,

without making any observation on the merits of the case, we are

inclined to suspend the sentence of the applicants.

(2 of 2) [SOSA-286/2018]

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence passed by the

Additional Sessions Judge, Parbatsar, District Nagaur vide

judgment dated 17.01.2018 against the applicants – (1) Shrawan

Kumar S/o Sh. Pusaram (2) Sarju Devi W/o Sh. Shrawan Kumar

shall remain suspended till the final disposal of the aforesaid

criminal appeal provided they execute two sureties in the sum of

Rs. 25,000/- each and a personal-bond in the sum of Rs. 50,000/-

alongwith to the satisfaction of the learned trial court for their

appearance in this Court as and when called upon to do so with

the following conditions:-

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

2. That if the applicants change the place of residence, they
will give the changed address in writing to the trial court,
High Court as well as to their counsel in the High Court.

3. Similarly if sureties change their addresses, they will give
in writing their changed addresses to the trial court.

The learned trial court shall keep the record of attendance of

the accused-applicants in a separate file. Such file be registered

as Criminal Misc. Case related to the Sessions Case in which the

accused-applicants 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-applicants do not appear before the trial court as and

when called upon to do so, the learned trial judge shall report the

matter to the High Court for cancellation of their bail.

(VINIT KUMAR MATHUR),J (NIRMALJIT KAUR),J

Arvind/61

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