The High Court of Rajasthan allowed the application for suspension of sentence under Section 389 Cr.P.C., directing the release of the petitioner on bail pending the outcome of his appeal.
Application for suspension of sentence under Section 389 Cr.P.C. allowed; petitioner released on bail subject to personal bond and conditions.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 199/2019
(Lodged in Central Jail Sri Ganganagar)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shreekant Verma For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE ABHAY CHATURVEDI(VACATION JUDGE)
Order
13/06/2019
Heard learned counsel for the petitioner and learned Public Prosecutor on application for suspension of sentence.
Upon a consideration of the arguments advanced on behalf of the petitioner 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 sentences awarded to the accused petitioner.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Session Judge, Suratgarh, District Sri Ganganagar, vide judgment dated 01.02.2019 in Sessions Case No.28/2016 against the petitioner-
(2 of 2)
[SOSA-199/2019]
applicant Pawan Kumar S/o Shri Krishan Lal Sharma shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 15.07.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated 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.
(ABHAY CHATURVEDI(VACATION JUDGE))
94-Hanuman/-
1 issue framed by the court
Whether the sentences awarded to the accused petitioner are fit for suspension pending appeal.
1 provisions across 1 enactments
Pawan Kumar S/o Shri Krishan Lal Sharma
Gurtej Singh S/o Shri Darshan Singh
State Of Rajasthan
Abhay Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
