Single judge of Rajasthan High Court allowed suspension of sentence application allowing release on bail for appellant Ganesh Prajapat pending criminal appeal with bond and sureties.
Release on bail with personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each; sentence suspended pending appeal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.54/2020
In
S.B. Criminal Appeal No. 57/2020
Ganesh Prajapat S/o Babulal, Aged About 21 Years, R/o Gopipura Colony Devil Dist. Tonk Raj. (At Present Confined In Dist. Jail Tonk)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Praveen Kumar Jain For Respondent(s) : Mr. Atul Sharma, PP
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 the applicant was on bail during the course of trial, he never misused the liberty of bail granted to him and presently is in judicial custody. Counsel further submits that knife has been recovered from co-accused Babulal. As per injury report (Exhibit-P1), injury No.1 caused by by sharp object, is grievous and dangerous to life and is assigned to coaccused Babulal. There is only one injury found on the body of injured Ramdev. Applicant has been falsely implicated in this case.
(2 of 2)
[CRLAS-57/2020]
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.
Learned Public Prosecutor has opposed the application. On perusal of Injury Report (Exhibit-P1) the only injury found as follows:
“Cut wound of neck anteriorly about term. trachea is cut through and through laryngeal injury present. Larynx open anterior phayngial wall cut and lumen opened, bleeding is fresh in nature.”
The aforesaid injury has been assigned to co-accused
Babulal.
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 – Ganesh Prajapat S/o Babulal 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 20/3/2020 and thereafter as and when called upon to do so.
(GOVERDHAN BARDHAR),J
Dheeraj /50
2 issues framed by the court
Whether sentence awarded to the appellant should be suspended during pendency of criminal appeal
Whether bail should be granted to the appellant during the pendancy of hearing
Ganesh Prajapat
State Of Rajasthan
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
