Appeal against conviction and sentence was admitted. The High Court held the case fit for suspending the sentence and released the appellant on bail pending appeal conditions explained below.
Sentence suspended; release on bail by executing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
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. Criminal Misc Suspension Of Sentence Application (Appeal) No. 431/2019
IN
S.B.Criminal Appeal No.499/2019
Soni Ram S/o Sh. Bijla Ram, Aged About 47 Years, B/c Bawri , R/o Chakk 34 N.p. , P.s. Raisinghnagar , Distt. Sri Ganganagar (Raj.) (Appellant Is Lodged In The Distt. Jail , Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr.Devendra Singh Mahalana For Respondent(s) : Mr.A.R.Choudhary, P.P., assisted by Mr.Ravindra Khichi
HON'BLE MR. JUSTICE ABHAY CHATURVEDI(VACATION JUDGE)
Order
14/06/2019 S.B.Criminal Appeal No.499/2019:-
Admit. Issue notice.
Learned Public Prosecutor accepts notice, hence, notice need
not be issued.
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 431/2019:-
Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence.
Learned counsel for the appellant submits that the appellant was on bail during trial.
(2 of 3)
[SOSA-431/2019]
Upon a consideration of the arguments advanced on behalf of the appellant 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 appellant.
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 Sessions Judge, Sriganganangar, vide judgment dated 06.03.2019 in Sessions Case No.18/2016, against the appellant-applicant Soni Ram S/o Sh. Bijla Ram, 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 19.07.2019 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-applicantin a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-
(3 of 3) [SOSA-431/2019]
applicant was 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))
123-Kshama Dixit/-
1 issue framed by the court
Whether the case is fit for suspending the sentences awarded to the accused appellant and releasing him on bail.
1 provisions across 1 enactments
Soni Ram
State Of Rajasthan
Abhay Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
