HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 560/2021 Shrawan Kumar S/o Kuldeep, Aged About 19 Years, R/o Gulabpura, Presently At Ward No. 27, Rajgarh, Police Station Rajgarh, District Churu (Presently Lodged In Central Jail, Bikaner) ----Appellant Versus State Of Rajasthan. ----Respondent For Petitioner(s) : Mr. Jagmal Singh Choudhary, Sr. Adv. assisted by Mr. Pradeep Choudhary For Respondent(s) : Mr. M.S. Bhati, PP HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order 21/09/2021 In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. Heard learned counsel for the parties and perused the record of the case. Learned counsel for the appellant has drawn the attention of this Court towards the paragraph 30 of the impugned order, in which, the learned trial court has observed that the looted articles were never recovered from the appellant Shrawan Kumar. Learned counsel also drawn the attention of this Court towards paragraph 31 of the impugned order, in which, the learned trial court has observed that the weapon in question was not recovered from the appellant. (2 of 3) [SOSA-560/2021] Learned counsel submits that that the name of the appellant was not there in the FIR. Learned counsel further submits that though the identification was made, but the arrest memo contained the appellant’s photograph. Learned Public Prosecutor though opposes the suspension of sentence application, but has furnished the custody certificate, which reflects that the appellant has undergone custody of 04 years and 21 days. This Court, on conjoint consideration of the custody period of 04 years and 21 days of the appellant and taking into consideration the fact that neither the looted articles nor any kind of weapon were recovered from the appellant, is inclined to suspend the substantive sentence awarded to the accused- appellant. Accordingly, this S.B. Suspension of Sentence Application (Appeal) 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 06.07.2021 in Sessions Case No.04/2020 against appellant Shrawan Kumar S/o Kuldeep shall remain suspended till final disposal of the aforesaid appeal, provided he executes 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 his appearance in this court on 21.10.2021 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- 1. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the appellant changes the place of (3 of 3) [SOSA-560/2021] residence, he will give in writing his 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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- appellant 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 does 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. 250-Zeeshan