Allowed

Ashok Kumar v. State of Rajasthan

Rajasthan HC10 Aug 2021SOSA/124/2021

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Vijay Bishnoi allowed the suspension of sentence (appeal) application, suspending the substantive sentence of the appellant. The appellant is required to execute a personal bond with sureties and appear before the trial court annually until the appeal's disposal.

What did the court decide?

Substantive sentence suspended pending final disposal of appeal; personal bond with sureties and appearance conditions imposed.

Ashok Kumar Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 124/2021

¶3

Ashok Kumar S/o Sh. Shyam Lal, Aged About 40 Years, B/c Kamboj, R/o Khuban, P.s. Bahavvala, Punjab. (Presently Lodged In Central Jail, Bikaner).

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

----Respondent

¶8

For Petitioner(s) : Mr. Vipin Makkad For Respondent(s) : Mr. Mohd. Javed Gauri, PP

¶9

HON'BLE MR. JUSTICE VIJAY BISHNOI

¶10

Judgment / Order

¶11

10/08/2021

¶12

Heard learned counsel for the parties on suspension of sentence (appeal) application.

¶13

Learned counsel for the petitioner has submitted that Additional Sessions Judge, Sangaria, District Hanmumangarh vide judgment dated 20.09.2016 has convicted the petitioner along with co-accused persons namely Prakash, Jagseer Singh, Prabhjot and Sahil for the offences punishable under Sections 395 and 397 IPC and sentenced them for ten years rigorous imprisonment and has also imposed a fine of Rs.10,000/-. It is submitted that sentence of the co-accused persons namely Prakash, Jagseer Singh, Prabhjot and Sahil has already been suspended by the Coordinate Benches of this Court and the case of the petitioner is not distinguishable from them.

¶14

(2 of 3)

¶15

[SOSA-124/2021]

¶16

Learned Public Prosecutor has opposed the prayer of the application for Suspension of Sentence.

¶17

Having considered the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.

¶18

Accordingly, this suspension of sentence (appeal) application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 20.09.2016 in Case No.12/2016 against appellant Ashok Kumar S/o Sh. Shyam Lal shall remain suspended till final disposal of the aforesaid appeal, 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 09.09.2021 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

¶19

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

¶20

That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

¶21

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

¶22

(3 of 3)

¶23

[SOSA-124/2021]

¶24

The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

¶25

(VIJAY BISHNOI),J

¶26

Surabhii/154-

Ashok Kumar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. State of Rajasthan

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

Suman Tholia Vs State of Rajasthan

Smt. Shanti Devi Vs Parvati Devi

Rajendra Singh @ Kala Vs State of Rajasthan

Bhanwar Lal Vs State of Rajasthan

Vikash @ Vicky Vs State of Rajasthan

Hari Kishan Vs State