Single judge allowed suspension of sentence under Section 389 Cr.P.C. for an appellant convicted of abduction and kidnapping offences, directing execution of bonds and appearance before trial court.
Sentence suspended till final disposal of appeal provided personal bonds and bonds of two sureties are executed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1142/2022
Udailal @ Uda S/o Gangaram Purbiya, Aged About 35 Years, R/o Bhadsoda Police Station Nikumb, District Chittorgarh. (At Present Lodged In Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr Shreekant Verma For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
10/01/2023
Heard learned counsel for the applicant-appellant, learned Public Prosecutor and perused the impugned judgment.
By the impugned judgment dated 20.10.2022, learned Additional Sessions Judge No.1 Nimbahera, Dist. Chittorgarh has convicted and sentenced the applicant for offences under Sections 363 and 366 read with Section 120-B IPC.
Learned counsel appearing for the applicant submits that the main accused Saddam Hussain along with other co-accused persons has already been granted benefit of sentence suspension by this Court vide order dated 28.11.2022 in SB Criminal Misc. Suspension of Sentence Application No.1027/2022 and the case of present applicant is not distinguishable from the case of the coaccused persons.
(2 of 3)
[SOSA-1142/2022]
Learned Public Prosecutor has opposed application for suspension of the sentence and submitted that the appellant is a habitual offender.
Having regard to the facts and circumstances of the case, I feel persuaded to accept this application for suspension of sentence.
Accordingly, this application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by Additional Sessions Judge No.1 Nimbahera, Distt. Chittorgarh vide order dated 20.10.2022, in Sessions Case No.39/2011 against applicant-appellant-Udailal @ Uda S/o Gangaram Purbiya shall remain suspended till final disposal of the present appeal provided he executes personal bonds for a sum of Rs.50,000/- along with two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court for his appearance before this Court on 13.02.2023 and whenever called upon to do so till the disposal of the appeal on the conditions indicated below:-
(1) That he will appear before the trial court in the month of January of every year till the appeal is decided.
(2) That if the applicant(s) changes the place of residence, he will give in writing his changed address to the trial court as well as to the counsel in the High Court.
(3) Similarly, if the sureties change their address(s), they will give in writing their changed address(s) to the trial court.
The learned trial court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedapplicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. Case file
(3 of 3) [SOSA-1142/2022]
shall not be taken into account for statistical purposes relating to pendency and disposal of cases in the trial court. In case the said accused-applicant 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
89-nidhi/-
1 issue framed by the court
Whether the application for suspension of sentence under Section 389 Cr.P.C. should be allowed in light of the applicant's conviction.
2 provisions across 2 enactments
Udailal @ Uda S/o Gangaram Purbiya
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
