Allowed

Bantu and Ors. v. State

Rajasthan HC3 Feb 2014CRLAB/107/2014

Case brief

AI extract

What is this about?

The High Court allowed an application for suspension of sentence under Section 389 Cr.P.C. against three appellants convicted under IPC Sections 399 and 402. The order suspended the sentences pending final disposal of the appeal and released them on bail requiring a personal bond and sureties.

What did the court decide?

Sentences passed by the Additional Sessions Judge were suspended pending disposal of the appeal; petitioners released on bail subject to personal bond and sureties.

Bantu and Ors. Vs State — Bail and Remand | Rajasthan HC (2014)

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S.B. CRIMINAL MISC. BAIL (SUSPENSION OF SENTENCE) APPLICATION NO. 107/2014 IN

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S.B. CRIMINAL APPEAL NO. 82/2014

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Bantu & Ors. Vs. State of Rajasthan

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DATE OF ORDER : 03.02.2014

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Mr. D. S. Udawat, for the petitioners. Mr. K.K. Rawal, Public Prosecutor.

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learned counsel for the appellant-petitioners has submitted that applicant-petitioners Bantu, Rajnu Singh and Narendra Singh were convicted for the offence under Sections 399 and 402 of Indian Penal Code and for offence under Section 399 Indian Penal Code, each was sentenced for 3 years' rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine, further to undergo 3 months simple imprisonment and for the offence under Section 402 Indian Penal Code each was sentenced for 2 years' rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine, further to undergo 3 months simple imprisonment. It was further ordered that both the sentences will run concurrently. Learned counsel for the petitioner-appellants has submitted that though trial was conducted against five accused persons but only 3 accused were convicted, therefore, Section 399 and 402 IPC cannot be made out and applicant-petitioners were on bail during trial and their sentence is also suspended by the learned trial court after recording conviction and sentence. Learned trial court wrongly convicted the petitioners and the appeal will take time for final disposal. Therefore, till disposal of appeal, sentence awarded by the learned trial court may be suspended.

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Learned Public prosecutor opposed the application for suspension of sentence in general.

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I have considered the submission made by learned counsel for the petitioners and the learned Public Prosecutor.

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Having regard to the submission made by learned counsel for the appellant-petitioners and considering the fact that appellant-petitioners were on bail during trial and they are availing suspension of sentence ordered by the learned trial court, the application for suspension of sentence under Section 389 Cr.P.C. preferred by the appellant-petitioner deserves to be allowed which is hereby allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge, No.3 Chittorgarh, vide judgment dated 18.01.2014 in Sessions Case No. 36/2013 against the appellant-applicant 1.Bantu S/o Dilip, by caste Mongia, R/o Patel Baba Garh, Murar Nanasukhi Semaniya D Bhopal (MP), 2. Rajnu Singh S/o Sigrate Singh by caste Pardi, R/o Ekta Colony, Shivdhar, Baghana Police Station, District Neemuch (MP) and 3.Narendra Singh S/o Maan Singh by caste Pardi, R/o Opp Jail, Kanwati, Neemuch Cantt Police Station, District Neemuch (MP) Shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each execute a personal bond in the sum of Rs. 40,000/- with two sureties of Rs. 20,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 20.03.2014 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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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.

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Similarly, if the sureties change their address (s), they will give in writing their changed address

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to the trial court.

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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-appellant(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.

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[BANWARI LAL SHARMA], J.

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Ramesh/187

Bantu and Ors. v. State

Case brief

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Bantu and Ors. v. State

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