Single Judge criminal order suspending sentence under Section 389 Cr.P.C. for appellant convicted of offences under IPC Sections 307, 325, 323, 341, directing release on bail.
Sentence suspended; appellant released on bail on personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1085/2023
Pankaj S/o Nathu Ram, Aged About 26 Years, R/o Meghwalo Ka Mohalla, Bheenasar, Police Station Gangashahar, District Bikaner (Presently Lodged At Bikaner Jail)
----Petitioner
| Versus |
|---|
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Shreekant Verma |
|---|---|
| For Respondent(s) | : Mr. Gaurav Singh, PP Mr. Vikas K. Bishnoi |
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
19/10/2023
The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 10.08.2023 passed by the learned Additional Sessions Judge, No.04, Bikaner, in Sessions Case No.02/2016 (CIS No.46/2016) whereby he was convicted for the offence under Sections 307/34, 325/34, 323/34, 341 of the IPC. The appellant is sentenced to suffer maximum imprisonment seven years and a fine of Rs.10,000/- and in default of payment of fine he has to undergo three months additional S.I for the offence under Section 307/34 of IPC.
Taking into account the fact that the appeal has been admitted and hearing of the same is likely to take longtime;
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therefore, learned counsel submits the application for suspension of sentence may be granted.
Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the appellant on application for suspension of sentence.
Heard and perused the material available on record.
Considering the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, more particularly the facts/fact that the accusedappellant was on bail during the course of trial and the hearing of appeal is likely to take further more time and considering the overall submissions 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 sentence passed by the learned Additional Sessions Judge, No.04, Bikaner, in Sessions Case No.02/2016 (CIS No.46/2016) against the applicant- Pankaj S/o Nathu Ram, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided each 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 his appearance in this court on 20.11.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
(3 of 3)
(YOGENDRA KUMAR PUROHIT),J
907-Hanuman/-
1 issue framed by the court
Whether to grant suspension of sentence pending disposal of appeal.
1 provisions across 1 enactments
Pankaj
State Of Rajasthan
Yogendra Kumar Purohit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
