Allowed

Kailash v. State of Rajasthan

Rajasthan HC20 Oct 2023SOSA/1080/2023

Case brief

AI extract

What is this about?

The high court allowed the appellant's application for suspension of sentence under Section 389 Cr.P.C., directing the 50% fine deposit and personal bond conditions. The substantive sentences were suspended until the appeal's final disposal.

What did the court decide?

The application for suspension of sentence under Section 389 Cr.P.C. is allowed; substantive sentences suspended till appeal disposal subject to fine deposit and bond.

Kailash Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:36482]

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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. 1080/2023

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Kailash S/o Shri Chunnilal Dhakad, Aged About 38 Years, R/o Neemuch, Mp (Presently Lodged At Dist. Jail, Chittorgarh)

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----Petitioner

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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.	Mangi Lal Vishnoi
For Respondent(s)	: Mr.	Laxman Solanki,PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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20/10/2023

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Heard learned counsel for the appellant as well as learned Public Prosecutor.

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Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, appellant was on bail during the trial, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.

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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 substantive sentences passed by the learned Special Judge, NDPS Cases No.1, Chittorgarh, vide judgment dated 19.08.2023 in Sessions Case No.54/2012 against the appellant-applicant Kailash S/o Shri Chunnilal Dhakad shall suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit the 50% of the fine amount as imposed by the learned

[2023:RJ-JD:36482]

[SOSA-1080/2023]

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trial Court and he will 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 21.11.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated

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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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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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Appellant shall deposit 50% of the fine amount as imposed by the learned 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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(MANOJ KUMAR GARG),J

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1263-Ishan/-

Kailash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kailash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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