High Court at Jodhpur allowed suspension of sentence for an appellant serving an 8-year sentence, releasing him on bail upon execution of a personal bond and two surety bonds, with conditions for annual appearance and address reporting.
Application for suspension of sentence under Section 389 Cr.P.C. allowed; sentences suspended; release on bail granted.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 611/2021
Sandeep @ Deepu S/o Hansraj, Aged About 29 Years, B/c Nai, R/o Farsewala Police Station Ghamurwali, District Sri Ganganagar. (At Present Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajendra Kumar Soni, through VC For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 11/01/2022
Heard learned counsel for the appellant and learned public prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that the accusedappellant is serving the sentence from last almost 8 years and 4 months and hearing of the appeal will consume time, therefore, sentence awarded to the accused-appellant be suspended during pendency of appeal.
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.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences
(2 of 2)
[SOSA-611/2021]
passed by the learned Special Judge, POCSO Act Cases (Sessions Judge), Sri Ganganagar, vide judgment dated 2.11.2015 in Sessions Case No.59/2014 against the appellant-applicant Sandeep @ Deepu S/o Hansraj 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 14.2.2022 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
59-CPGoyal/-
1 issue framed by the court
Whether the sentence awarded to the accused-appellant should be suspended during the pendency of the appeal.
1 provisions across 1 enactments
Sandeep @ Deepu S/o Hansraj
State
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
