In an S.B. Suspension of Sentence appeal, the Court allowed the application, suspending the appellant's sentence pending disposal of the appeal and directing execution of a personal bond.
Suspension of the sentence awarded by the trial court till final disposal of the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Suspension Of Sentence(Appeal) No. 774/2018
Sandeep S/o Leelu Ram, Aged 26 Years, B/c Nayak, R/o Village Nehrana, Tehsil Nohar, Distt. Hanumangarh (Raj)
(Lodged in Sub Jail, Nohar)
----Appellant
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Amardeep Lamba For Respondent(s) : Mr. L.R. Upadhayay, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
01/10/2018
Heard learned counsel for the parties and perused the
impugned order.
Learned counsel for the appellant has submitted that the appellant has already undergone sentence of four years and five months out of the total sentence of seven years awarded to him by the trial court and hearing of the appeal is likely to take time.
Having considered the facts and circumstances of the case and substantial grounds taken in the appeal, this Court is of the opinion that there are strong grounds for challenging the judgment of conviction and as hearing of the appeal is likely to take time, this Court is inclined to suspend the sentences awarded to the appellant.
Accordingly, this application for suspension of sentences is allowed and it is directed that the sentences awarded to appellant
(2 of 2)
[SOSA-774/2018]
– Sandeep S/o Leelu Ram by the Addl. Sessions Judge No.2, Nohar, Distt. Hanumangarh by judgment dated 18.7.2018 shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal bond for a sum of Rs.50,000/along with two solvent sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before this Court on 1.11.2018 and whenever called upon to do so till the disposal of the appeal on the conditions inidcated below:-
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.
(VIJAY BISHNOI),J
ms rathore
1 issue framed by the court
Whether the suspension of sentence should be allowed giving liberty to appeal pending.
Sandeep S/o Leelu Ram
State of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
