Allowed

Chetanram v. State

Rajasthan HC21 Jan 2021SOSA/425/2020

Case brief

AI extract

What is this about?

This High Court allowed a suspension of sentence appeal filed under Section 389 Cr.P.C. The court suspended the substantive sentence passed by the trial court, conditioned on the appellant executing a personal bond with sureties, appearing before the trial court annually, and reporting any change of address to the trial court and High Court counsel.

What did the court decide?

Suspension of substantive sentence ordered subject to execution of personal bond with sureties and compliance with specified conditions regarding appearance and address reporting.

Chetanram Vs State — Criminal Trial and Appeal | 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. 425/2020

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Chetanram S/o Shri Motaram, Aged About 30 Years, By Caste Meghwal, R/o Khudala Police Station, Rgt, District Barmer. (Accused In Barmer Jail).

----Petitioner

Versus

State, Through Pp

	----Respondent
For Petitioner(s)	: Mr.SP Sharma.
For Respondent(s)	: Mr.Farzand Ali, AAG a/w Mr.Mukhtiyar Khan,PP.

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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21/01/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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Heard learned counsel for the parties and perused the material available on record.

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Learned counsel for the appellant has pointed out the statement of PW5 who is the mother of the deceased and in her cross-examination, she has specifically denied any demand of dowry. Learned counsel for the appellant thereafter pointed out the statement of PW7 who is the doctor and as per his statement as well as the Post-mortem report, there was no external injury on the body of the deceased. Learned counsel for the appellant has also drawn the attention of this Court to the statement of PW2 Gawari Devi.

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(2 of 3)

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[SOSA-425/2020]

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Learned AAG opposes the suspension of sentence of the appellant.

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Having considered the totality of facts and circumstances of the case, this Court considers it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.

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Accordingly, S.B. Suspension of Sentence (Appeal) No. 425/2020 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 19.02.2020 in Sessions Case No.54/2018 (18/2018) against applicant-appellant Chetanram S/o Shri Motaram 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 26.02.2021 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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(3 of 3)

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[SOSA-425/2020]

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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 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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93-Sphophaliya/Jitender/-

Chetanram v. State

Case brief

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What did the court decide?

Chetanram v. State

Case brief

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What did the court decide?

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