Single bench suspended the sentence awarded to the appellant Mukesh Dhakad under sections 323, 325 IPC and Section 3(1)(X) of SC/ST Act pending disposal of criminal appeal, granting bail on bonds.
Sentence suspended pending appeal; bail granted on personal bond of Rs.50,000 with two sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
10/2023
In
S.B. Criminal Appeal No. 12/2023
Mukesh Dhakad S/o Shri Ramcharan, Aged About 40 Years, Resident Of Allapura, Police Station Bapcha, District Baran (Rajasthan)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. V.S. Yadav For Respondent(s) : Mr. M.S. Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
12/01/2023
Heard learned counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 20.12.2022 passed by learned Special Judge, SC/ST (POA) Cases, Baran whereby the accused appellant has been convicted for the offence punishable under sections 323 and 325 IPC and Section 3(1)(X) of SC/ST Act and has been sentenced to maximum three years simple imprisonment along with fine of Rs.20,000/- and in default of fine, one month additional SI.
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[SOSA-10/2023]
Learned counsel for the accused-appellant submits that a false case has been foisted against him. Learned counsel submits that the sentence has already been suspended by the learned trial Court by exercising power under Section 389(3) of Cr.P.C. The accused-appellant was on bail during trial. He is willing and ready to furnish bail bonds for his release. Therefore, the application for suspension of sentence may kindly be granted and the sentence awarded may be suspended.
Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellant.
The accused-appellant is behind the bars and the hearing of appeal is likely to take further more time, therefore, considering the overall submissions and looking to the totality of facts and circumstances of the case while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, 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 passed by the learned Special Judge, SC/ST (POA) Cases, Baran, vide judgment dated 20.12.2022 in Sessions Case No. 25/2013 against the appellant-applicant Mukesh Dhakad S/o Shri Ramcharan 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.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 14.02.2023 and
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[SOSA-10/2023]
whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
(FARJAND ALI),J
PREETI VALECHA/114
1 issue framed by the court
Whether the accused appellant is a fit case for suspension of sentence pending appeal.
1 provisions across 1 enactments
Mukesh Dhakad
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
