Allowed

Shrikishan v. State

Rajasthan HC7 Nov 2019SOSA/1017/2019

Case brief

AI extract

What is this about?

In an SOSA application, the High Court suspended the sentences imposed for offences under IPC 450 and 376(2)(B) pending appeal, granting bail subject to conditions due to the appellant having served over half the awarded term and potential hearing delays.

What did the court decide?

Sentences suspended till final disposal of appeal; released on bail with personal bond of Rs.1,00,000/- and two sureties.

Shrikishan Vs State — Municipal and Town Planning | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Second Suspension Of Sentence Application

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(Appeal) No. 1017/2019

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Shrikishan S/o Sh. Hardan Ram, Aged About 42 Years, By Caste Nai, R/o Village Birsalu Kalla, P.s. Matora, District Jodhpur At Present Central Jail, Jodhpur.

----Petitioner

Versus

State, Through PP

----Respondent

For Petitioner(s) : Mr. N.K. Bohra For Respondent(s) : Mr. Anil Joshi, PP

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Judgment

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07/11/2019

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Heard learned counsel for the applicant-appellant and learned Public Prosecutor. Perused the material available on record.

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The applicant-appellant herein stands convicted for the offences under Sections 450 & 376 (2) (B) vide judgment dated 13.04.2017 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jodhpur in Sessions Case No.17/2015 (NCV No.34/2015) and has been sentenced as below:-

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Section	Imprisonment	Fine	Sentence in
			default of fine
450 IPC	5years’ R.I.	Rs.10,000/-	1year’s RI
376 (2)(B)IPC	^{10 years’ RI}	Rs.20,000/-	1 year’s RI

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(2 of 3)

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[SOSA-1017/2019]

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The first application for suspension of sentences filed on behalf of the applicant-appellant was rejected by this Court vide order dated 05.09.2017 passed in S.B. Suspension of Sentences (Appeal) No.695/2017.

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As per the custody certificate dated 21.10.2019, the applicant-appellant has suffered imprisonment well in excess of 5 years and 6 months but the appeal has not been listed for hearing even once.

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After going through the impugned judgment and the record, it is apparent that the disability which the victim was allegedly suffering affected only her left hand. As per the statement of the Medical Officer Dr. C.P. Mathur (PW.9), the victim was not found suffering from any injury on her private parts and she was found habituated to sexual intercourse.

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In view of the above facts and circumstances noted above and as the hearing of the appeal is unlikely in near future and since the applicant-appellant has already suffered more than half of the sentences awarded by the trial court, this Court deems it just and proper to extend indulgence of bail to the applicantappellant during the pendency of the appeal.

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Accordingly, the instant second application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jodhpur vide judgment dated 13.04.2017 in Sessions Case No.17/2015 (NCV No.34/2015) against the appellant-applicant Shrikishan S/o Shri Hardanram shall remain suspended till final disposal of the aforesaid appeal

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(3 of 3)

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[SOSA-1017/2019]

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and he shall be released on bail subject to the condition that he shall furnish 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 09.12.2019 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 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-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.

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(SANDEEP MEHTA),J

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13-Sudhir Asopa/-

Shrikishan v. State

Case brief

What is this about?

What did the court decide?

Shrikishan v. State

Case brief

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What did the court decide?

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