High Court allowed suspension of sentence application and bail for appellant during pendency of criminal appeal, imposing bond and surety conditions.
Suspension of sentence awarded to appellant; release on bail pending criminal appeal upon furnishing bond and sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No. 249/2020
In
S.B. Criminal Appeal No. 316/2020
Ashok Kumar S/o Shyamlal B/c Bairagi, R/o Rupaheda, Police Station Manoharthana Distt. Jhalawar.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Khushal Singh For Respondent(s) : Mr. Atul Sharma, P.P.
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
19/02/2020
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 Rules wherein it has been mentioned that 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.
Learned counsel for the applicant submits that victim (Pw-1) had not supported the prosecution story. Counsel further submits that applicant has no criminal antecedents and hearing of the criminal appeal may take long time, hence, the sentence
[CRLAS-316/2020]
(2 of 2)
awarded to the applicant may be suspended during the pendency of the criminal appeal and he be released on bail.
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 Ashok Kumar S/o Shyamlal 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 20/03/2020 and thereafter as and when called upon to do so.
(GOVERDHAN BARDHAR),J
Ashu/54
2 issues framed by the court
Whether the applicant should be released on bail with suspension of sentence during the pendency of the criminal appeal.
Whether the High Court ought to impose personal bond and sureties conditions on granting the suspension of sentence.
1 provisions across 1 enactments
Ashok Kumar S/o Shyamlal Bairagi
State of Rajasthan
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
