The Rajasthan High Court allowed the suspension of sentence application, ordering the release of the appellant on bail pending his criminal appeal subject to furnishing a personal bond and two sureties.
Execution of sentence suspended; accused released on bail on bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of Sentence No.
1662/2019
In
S.B. Criminal Appeal No. 2355/2019
Jeetu@ Jitendra S/o Shri Sitaram B/c Jagga, R/o Satur, Police Station Hindoli, Distt. Bundi Raj. (Accused Confined In Distt. Jail Bundi)
----Appellant
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. Rajendra Singh Tanwar For Respondent(s) : Mr. Pankaj Agarwal, P.P.
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
17/12/2019
This criminal misc suspension of sentence application has been filed by the applicant along with the criminal appeal.
Counsel for the applicant along with appeal has annexed certificate under Rule 311(3) Rajasthan High Court Ordinance wherein it has been mentioned that the applicant was on bail during the course of trial, he never misused the liberty of bail granted to him and at present applicant is confined in District Jail, Bundi. Counsel further submits that total sentence awarded for the offences is of five years simple imprisonment with fine of Rs. 5,000/- and in default of payment of fine the accused appellant has been directed to further undergo two months simple imprisonment. Counsel further submits victim has developed the
(2 of 2)
[CRLAS-2355/2019]
false story. Counsel further submits that the hearing of the criminal appeal may take long time, hence, the sentence awarded to the applicant may be suspended during the pendency of the criminal appeal and he be released on bail.
Learned Public Prosecutor has opposed the application. Having heard the learned counsel for the parties and carefully scanned the entire material available on record, this suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant Jeetu@ Jitendra S/o Shri Sitaram shall remain suspended during the pendency of the criminal appeal and he be released on bail provided he furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 20/01/2020 and thereafter as and when called upon to do so.
(GOVERDHAN BARDHAR),J
Ashu/138
1 issue framed by the court
Whether the suspension of sentence application should be allowed during the pendency of the criminal appeal.
1 provisions across 1 enactments
Jeetu@ Jitendra S/o Shri Sitaram
State Of Rajasthan
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
