Allowed

Dinesh v. State

Rajasthan HC13 Jan 2020SOSA/1304/2019

Case brief

AI extract

What is this about?

In S.B. Criminal Misc. Suspension Of Sentence Application No. 1304/2019, the High Court of Rajasthan allowed the appellant to have his substantive sentence suspended pending appeal under Section 389 Cr.P.C. The appellant was released on bail subject to conditions including deposit of fine, execution of a personal bond, and appearances before the trial court annually.

What did the court decide?

The application for suspension of sentence under Section 389 Cr.P.C. was allowed; substantive sentences suspended pending appeal; appellant released on bail with personal bond of Rs.1,00,000 and two s

Dinesh Vs State — Rajasthan HC (2020) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1304/2019

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Dinesh S/o Uda, Aged About 31 Years, By Caste Thori, R/o Chari, P.s. Pipalkhunt, District Pratapgarh (Raj.). (At Presently Appellant Is Lodged In District Jail Pratapgarh).

----Petitioner

Versus

State, Through P.p.

----Respondent

For Petitioner(s)	: Mr. Manish Kumar Pitaliya
For Respondent(s)	: Mr. Muktiyar Khan PP assisted by Ms. Kamla Goswami

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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13/01/2020

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Heard on application of suspension of sentence.

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Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, appellant was on bail during the trial, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellant.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Special Judge NDPS Act Cases, Pratapgarh vide judgment dated 02.12.2019 in Special Sessions Case No.06/2015 against the appellant-applicant Dinesh S/o Uda shall remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit the fine amount as imposed by the learned trial Court and he will be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the

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(2 of 2)

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[SOSA-1304/2019]

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satisfaction of the learned trial Judge for his appearance in this court on 13/02/2020 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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Appellant shall deposit the fine amount as imposed by the learned 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 accusedapplicant(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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(MANOJ KUMAR GARG),J

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35-Anshul/-

Dinesh v. State

Case brief

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Dinesh v. State

Case brief

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