Allowed

Shushu @ Sushil v. State

Rajasthan HC18 Nov 2021SOSA/30/2021

Case brief

AI extract

What is this about?

High Court of Rajasthan suspended the substantive sentence of the appellant under Section 389 Cr.P.C. The court was swayed by the suspension of co-accused sentences and the appellant's prolonged custody, granting a bond with conditions.

What did the court decide?

Substantive sentence suspended subject to execution of a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, with conditions for appearance before the trial court.

Shushu @ Sushil Vs State — Bail and Remand | Rajasthan HC (2021)

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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. 30/2021

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Shushu @ Sushil S/o Karmveer, Aged About 30 Years, Desh Khaira Ps Julana District Jeend (Haryana). (At Present Lodged In Central Jail Bikaner).

----Petitioner

Versus

State, Through P.p.

----Respondent

For Petitioner(s) : Mr. R.S. Gill For Respondent(s) : Mr. Javed Gauri, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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18/11/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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Heard learned counsel for the parties and perused the record of the case.

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Learned counsel for the appellant submits that the sentence of co-accused have already been suspended, which includes Anil, Ramesh, Ramavtar and Ravi. Learned counsel further submits that the appellant has already undergone custody of 7 years and 5 months for sentence of 10 years.

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Learned Public Prosecutor opposes the suspension of sentence application on the count of large list of antecedents of the appellant.

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(2 of 3)

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[SOSA-30/2021]

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This Court, looking into the fact that sentence of co-accused persons have already been suspended and the prolonged custody period of the appellant, is inclined to suspend the substantive sentence awarded to the accused-appellant.

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Accordingly, this S.B. Suspension of Sentence Application (Appeal) 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 25.05.2017 in Sessions Case No.14/2006 against appellant Shushu @ Sushil S/o Karmveer 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 20.12.2021 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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That he 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 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.

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

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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

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(3 of 3)

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[SOSA-30/2021]

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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.

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(DR.PUSHPENDRA SINGH BHATI),J.

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101-Zeeshan

Shushu @ Sushil v. State

Case brief

What is this about?

What did the court decide?

Shushu @ Sushil 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

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