Allowed

Prakash v. State of Rajasthan

Rajasthan HC28 Nov 2022SOSA/1160/2022

Case brief

AI extract

What is this about?

High Court allowed suspension of sentence under Section 389 Cr.P.C. for petitioner convicted under various IPC sections, releasing him on bail with personal bond and sureties, citing precedent where co-accused sentences were suspended by Coordinate Bench.

What did the court decide?

Sentence suspended till final disposal of appeal; petitioner released on bail with personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each.

Prakash Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2022)

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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. 1160/2022

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S.B.Criminal Appeal No. 1535/2022

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Prakash S/o Shri Kesa Meena, Aged About 32 Years, R/o Dobdhicha P.s. Salumbar, District Udaipur. (Presently Lodged In Central Jail, Udaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Khatiya S/o Shri Rajiya, B/c Meena, R/o Jeelavat Fala Gavda Pal, P.s. Salumbar, Udaipur.

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----Respondents

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For Petitioner(s)	:	Mr. Kalu Ram Bhati
For Respondent(s)	:	Mr. Laxman Solanki,P.P.

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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28/11/2022

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Heard learned counsel for the accused-appellant as well as learned Public Prosecutor on the application for suspension of sentence. Perused the judgment and order impugned and the material available on record.

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Learned counsel for the accused-appellant submits that the accused-appellant has been convicted by the learned trial court for the offences under Sections 370/120B, 365/120B, 342 and 392/120B IPC. He further submits that the sentences awarded to the co-accused of this case namely Hanuman Ram, Manju and Daulat Ram have already been suspended by the Coordinate

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(2 of 3)

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[SOSA-1160/2022]

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Bench of this Court and the case of the present appellant is not distinguishable in any manner. The appellant is in jail since 19.8.2017.

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Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.

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Considering the submissions advanced by the learned counsel for the parties and the fact that sentences awarded to the co-accused named above have already been suspended by Coordinate Bench, this Court deems it just and proper to suspend the sentence awarded to the accused-petitioners.

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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 Special Judge, SC/ST (Prevention of Atrocities Cases), Udaipur vide judgment dated 16.9.2022 in Sessions Case No. 40/2017 against the appellant-applicant Prakash S/o Shri Kesa Meena 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 03.1.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they 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 applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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(3 of 3)

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[SOSA-1160/2022]

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Similarly, if the sureties change their address(s), 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-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(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.

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(FARJAND ALI),J

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138-RP/-

Prakash v. State of Rajasthan

Case brief

What is this about?

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Prakash v. State of Rajasthan

Case brief

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