Allowed

Sohan v. State of Rajasthan

Rajasthan HC4 Jul 2022SOSA/566/2022

Case brief

AI extract

What is this about?

The High Court suspended the substantive sentence passed on three appellants in a criminal case, allowing them to be on bail pending the final disposal of their suspension of sentence appeal, subject to personal bonds and appearance conditions.

What did the court decide?

Suspension of the substantive sentence passed by the trial court till the final disposal of the appeal, subject to personal bond and appearance conditions.

Sohan Vs State of Rajasthan — Civil Procedure and Limitation | 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. 566/2022

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Sohan S/o Vithala, Aged About 26 Years, Ganauwa Majara, Badapada, Police Thana Sadar, Banswara, Dist. Banswara. (Lodged At Dist. Jail, Banswara).

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Pappu @ Pradeep S/o Prabhu, Aged About 26 Years, B/c Charpota Adavasi, R/o Ganauwa Majara, Badapada, Police Thana Sadar, Banswara, Dist. Banswara. (Lodged At Dist. Jail, Banswara).

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Babulal S/o Vithala, Aged About 30 Years, B/c Ninama, R/ o Toraniya, Police Thana Sadar, Banswara, Dist. Banswara. (Lodged At Dist. Jail, Banswara).

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	RS Bhati
For Respondent(s)	: Mr.	Vikram Sharma,PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

04/07/2022

Admit.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the State. Hence, notice need not be issued.

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Heard learned counsel for the parties on S.B. Suspension

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of Sentence (Appeal) No.566/2022.

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Counsel for the appellant submits that the allegation against present appellants are that they entered in the house of the complainant at about 1:00 in night and overturn filled drums and

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(2 of 3)

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[SOSA-566/2022]

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also dug some corners of house and took away mobile and some silver articles and also Rs.250/- from the purse. It is also alleged that they also took the axe from the house and while they leaving, they threatened the family members.

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Counsel further submits that all the appellants have undergone sentence of about one year. Learned counsel also submits that the trial is likely to take some long time.

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Learned Public Prosecutor opposes the suspension of sentence application.

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Having considered the totality of facts and circumstances of the case, this Court deems it just and proper to suspend the substantive sentence awarded to the accused appellants.

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Accordingly, S.B. Suspension of Sentence (Appeal) No.566/2022 filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 05.10.2021 in Session Case No.25/2015 (CIS No.25/2015) against appellants (1) Sohan S/o Vithala, (2) Pappu @ Pradeep S/o Prabhu and (3) Babulal S/o Vithala shall remain suspended till final disposal of aforesaid appeal, provided each of them execute a personal bond in a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before this Court on 16.08.2022 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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That 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 appellant(s) changes the place of residence, they will give in writing 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-566/2022]

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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 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 do 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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163-Sanjay/-

Sohan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sohan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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