This court allowed the suspension of sentence application filed by an accused appellant who was already on bail during trial, ordering his release on personal bond pending the final disposal of the appeal.
Sentence passed by the Addl. Sessions Judge is suspended pending disposal of the appeal, with release on bail on personal bond.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 867/2021
Rameshwar S/o Chet Ram, Aged About 43 Years, Thalarka, P.s. Rawatsar, Dist. Hanumangarh. (At Present Lodged In Sub Jail, Nohar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Devilal Mothsara For Respondent(s) : Mr. NS Bhati, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
09/02/2022
Heard learned counsel for the appellants and learned public prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that the accusedappellant was on bail during trial. It is also submitted that the disposal of the present appeal will consume time and, therefore, the sentence awarded to the accused-appellant may be suspended.
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-867/2021]
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.2, Nohar, vide judgment dated 3.12.2021 in Sessions Case No.4/2019 against the appellantapplicant Rameshwar S/o Chet Ram 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 9.3.2022 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
74-CPGoyal/-
1 issue framed by the court
Whether the appellant is entitled to a suspension of sentence pending appeal.
1 provisions across 1 enactments
Rameshwar S/o Chet Ram
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
