The High Court allowed an application for suspension of sentence under Section 389 Cr.P.C., granting bail to the appellant on execution of a personal bond with sureties, subject to conditions of regular appearance before the trial court.
Application for suspension of sentence allowed; appellant released on bail on execution of personal bond and sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1049/2019
Gajendra Singh S/o Sh. Laxman Singh, Aged About 40 Years, B/ c Rawna Rajput , R/o Bedwa, P.s. Khunkhuna , Distt. Nagaur (Raj.) (Presently Lodged In Sub Jail , Parbatsar, Distt. Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Vineet Jain,through VC |
|---|---|---|
| For Respondent(s) | : Mr. |
Gaurav Singh,PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
18/01/2022
Heard learned counsel for the appellant and learned public prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that out the total sentence awarded to the accused-appellant, he has already served sentence of 5 years and 9 months. Therefore, learned counsel for the appellant submits that the sentence awarded to the accused-appellant may be suspended as the disposal of the appeal will consume time.
Learned Public Prosecutor vehemently opposed the prayer made by the learned counsel for the accused-appellant.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.
(2 of 2)
[SOSA-1049/2019]
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Addl. Sessions Judge No.3, Parbatsar, District Nagaur vide judgment dated 31.1.2019 in Sessions Case No.49/2018 against the appellant-applicant Gajendra Singh S/o Laxman Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 21.2.2022 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedapplicant(s) was/were 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 applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MADAN GOPAL VYAS),J
70-CPGoyal/-
1 issue framed by the court
Whether the sentence awarded to the appellant should be suspended pending the final disposal of the appeal.
1 provisions across 1 enactments
Gajendra Singh
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
