Allowed

Khetaram v. State

Rajasthan HC10 Jan 2020SOSA/1363/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application under Section 389 Cr.P.C. suspending the substantive sentence of seven appellants awarded in Sessions Case No. 40/2011. The court ordered their release on bail subject to depositing the fine and executing a personal bond.

What did the court decide?

Substantive sentences suspended pending final disposal of appeal; release on bail subject to deposit of fine and execution of personal bond with sureties.

Khetaram Vs State — Execution and Attachment | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1363/2019

¶3

Khetaram S/o Galaji, Aged About 71 Years, By Caste Ghanchi, R/o Barli Sadri, Police Station Sadri, District Pali (Rajasthan). (Presently Lodged In District Jail, Pali).

¶4

Vanaram S/o Sujaji, Aged About 68 Years, By Caste Ghanchi, R/o Barli Sadri, Police Station Sadri, District Pali (Rajasthan). (Presently Lodged In District Jail, Pali).

¶5

Mangilal S/o Otaji, Aged About 60 Years, By Caste Ghanchi, R/o Barli Sadri, Police Station Sadri, District Pali (Rajasthan). (Presently Lodged In District Jail, Pali).

¶6

Ganaram S/o Dhanaji, Aged About 65 Years, By Caste Ghanchi, R/o Barli Sadri, Police Station Sadri, District Pali (Rajasthan). (Presently Lodged In District Jail, Pali).

¶7

Tararam S/o Pemaji, Aged About 64 Years, By Caste Ghanchi, R/o Barli Sadri, Police Station Sadri, District Pali (Rajasthan). (Presently Lodged In District Jail, Pali).

¶8

Mohanlal S/o Nathaji, Aged About 62 Years, By Caste Ghanchi, R/o Barli Sadri, Police Station Sadri, District Pali (Rajasthan). (Presently Lodged In District Jail, Pali).

¶9

Rooparam S/o Udaji, Aged About 67 Years, By Caste Ghanchi, R/o Barli Sadri, Police Station Sadri, District Pali (Rajasthan). (Presently Lodged In District Jail, Pali).

¶10

Versus	----Petitioners
	----Respondent

¶11

State, Through Pp
For Petitioner(s)	: Mr. Kanti Lal Thakur
For Respondent(s)	: Mr. Sudheer Tak PP

¶12

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

10/01/2020

Heard.

(2 of 3)

[SOSA-1363/2019]

Heard on application of suspension of sentence.

¶19

Upon a consideration of the arguments advanced on behalf

¶20

of the appellants and having regard to the facts and circumstances of the case, appellants were 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 appellants.

¶21

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 Addl. Sessions Judge, Bali Camp Desuri Distt. Pali vide judgment dated 18.12.2019 in Sessions Case No.40/2011 against the appellantapplicants 1.Khetaram S/o Galaji 2.Vanaram S/o Sujaji 3.Mangilal S/o Otaji 4.Ganaram S/o Dhanaji 5.Tararam S/o Pemaji 6.Mohanlal S/o Nathaji and 7.Rooparam S/o Udaji shall remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellants shall deposit the fine amount as imposed by the learned trial Court and he will be released on bail, provided they execute a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 11/02/2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

¶22

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

¶23

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.

¶24

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

¶25

Appellant shall deposit the fine amount as imposed by the learned trial court.

¶26

(3 of 3)

¶27

[SOSA-1363/2019]

¶28

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.

¶29

(MANOJ KUMAR GARG),J

¶30

32-Anshul/-

Khetaram v. State

Case brief

What is this about?

What did the court decide?

Khetaram v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Harish Vs State and Anr.

Omprakash Vs State

Rama @ Ramlal Vs State

Soaib Vs State of Rajasthan

Suresh Kumar Vs State

Mada Ram Vs State of Rajasthan