[2025:RJ-JD:2705-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc II Suspension Of Sentence Application (Appeal) No. 154/2024 Kalu Singh S/o Shri Bheru Singh, Aged About 29 Years, R/o Amod, Ps Palasiya, Dist Udaipur. (Lodged In Open Air Camp, Mandore) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kalu Ram Bhati For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG Mr. K.S. Kumpawat. AAAG HON'BLE MR. JUSTICE MANOJ KUMAR GARG HON'BLE MR. JUSTICE SAMEER JAIN Order 15/01/2025 This is the second application for Suspension of Sentence filed by the appellant. The first application for Suspension of Sentence was dismissed vide order dated 17.11.2021 passed by this Court and liberty was granted to the appellant to renew the prayer of bail after two years. Heard learned counsel for the appellant as well as learned Additional Advocate General. Learned counsel for the appellant submits that the co- accused Keshar Singh was enlarged on bail by this Court vide order dated 15.02.2019 and case of the present accused-appellant is similar to that of the co-accused. Counsel further submits that the appellant is in custody for six years and seven months and [2025:RJ-JD:2705-DB] (2 of 3) [SOSA-154/2024] hearing of the appeal will take sufficient long time, therefore, the sentence of the appellant may kindly be suspended. Learned Additional Advocate General vehemently opposed the prayer made by the counsel for the appellant. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant. Accordingly, the second application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Additional Sessions Judge No.3, Udaipur vide judgment dated 20.08.2020 in Sessions Case No.316/2016 (old-133/2016) against the appellant- applicant Kalu Singh S/o Shri Bheru Singh, shall suspended till final disposal of the aforesaid appeal and he will be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 20.02.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. [2025:RJ-JD:2705-DB] (3 of 3) [SOSA-154/2024] The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/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 applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (SAMEER JAIN),J (MANOJ KUMAR GARG),J 1-GKaviya/-