The High Court allowed the suspension of sentence application under Section 389 Cr.P.C. for the appellant. The court held it was a fit case to suspend the award and granted bail subject to personal bond and sureties.
Suspension of sentence till disposal of appeal and release on bail subject to personal bond with two sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1087/2022
Praveen S/o Bhagwan, Aged About 35 Years, R/o Pirojpura Tankni, Tehsil Palanpur, District Banaskanta (Gujarat) (Presently Lodged At District Sub Jail, Bhinmal)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. K. R. Bhati For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment / Order
01/02/2023
Heard.
Admit.
Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence.
Learned counsel for the appellant-applicant submits that during the trial the appellant was on bail and there is no allegation against the accused-appellant in the alleged suicide note, therefore, learned counsel for the appellant prays that 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
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[SOSA-1087/2022]
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 sentence passed by the learnedAdditional Sesssions Judge Bhinmal, District Jalore, vide judgment dated 11.11.2022 in Sessions Case No.05/2011 (CIS No.125/2014) against the appellant-applicant Praveen S/o Bhagwan 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 20.02.2023 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 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
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[SOSA-1087/2022]
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
98-nidhi/-
2 issues framed by the court
Whether the pending appeal against conviction is a fit case for suspension of sentence.
Whether conditions for release on bail should be framed for the suspension of sentence.
1 provisions across 1 enactments
Praveen S/o Bhagwan
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
