Single judge allowed suspension of sentence and released applicant on bail with bond and sureties during pendency of criminal appeal, noting no misuse of previous bail.
Suspension of sentence allowed during pendency of appeal; release on bail with personal bond and sureties; appearance before court on 20/01/2020.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
2075/2019
In
S.B. Criminal Appeal No. 2915/2019
Gabbar S/o Neki Santhiya, R/o State Bank Chauraha Chowki Bagh, Bahadur Dholi Pyau, Mathur U.P.
----Appellant
Versus
State of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Yogesh Singhal 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 sentence of the applicant has already been suspended by the trial Court for one month. 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.
(2 of 2)
[CRLAS-2915/2019]
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 Gabbar S/o Neki Santhiya 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/158
1 issue framed by the court
Whether suspension of sentence application allowed during pendency of criminal appeal?
Gabbar S/o Neki Santhiya
State of Rajasthan
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
