High Court of Rajasthan Jodhpur allowed anapplication for suspension of sentence under Section 389 Cr.P.C. convict to bond and appear at trial court.
Application for suspension of sentence allowed; accused released on bail with personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Criminal Misc. Application (Suspension of Sentence) No.12/2023
In
S.B. Criminal Appeal No. 12/2023
Sharwan Singh S/o Mahendra Singh, aged about 25 years, R/o Nawalgarh, District Jhunjhunu.
----Appellant
Versus
State Of Rajasthan For Appellant(s) : Mr. Anil Bidan Halu For Respondent(s) : Mr. Anees Bhurat, PP
----Respondent
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
06/01/2023
Heard learned counsel for the applicant-appellant and learned Public Prosecutor for the State on application for suspension of sentences. Perused the material available on record. It is contended by the counsel for the appellantapplicant that appellant-Sharwan Singh S/o Mahendra Singh has been convicted for the offence under Section 363 of the IPC and sentenced to undergo five years’ rigorous imprisonment. Learned counsel further submits that from perusal of the statement of prosecutrix recorded under Section 164 of Cr.P.C., a safe inference of consent can easily be drawn. She joined the association of the petitioner at her own free will and volition and went to several public places but nowhere any alarm was raised. Learned counsel further submits that disposal of the appeal will consume time thus,
[SOSA-12/2023]
(2 of 3)
sentence awarded to him may be suspended during pendency of the appeal.
Learned Public Prosecutor has opposed the application for suspension of sentence.
I have heard and considered the arguments advanced by the counsel for the parties and have gone through the material available on record.
Having considered the facts and circumstances and particularly the fact that the disposal of appeal will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentence filed by the appellantapplicant.
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 Additional Sessions Judge No.1, Nohar, District Hanumangarh vide judgment dated 23.12.2022 in Criminal Case No.26/2017 against the appellant-applicant Sharwan Singh S/o Mahendra Singh 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 his appearance in this court on 06.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
[SOSA-12/2023]
(3 of 3)
changed address to the trial Court as well as to the counsel in the High Court.
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 accusedapplicant(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.
(VINOD KUMAR BHARWANI),J
3-Mamta/-
1 issue framed by the court
Whether the application for suspension of sentence during the pendency of criminal appeal should be allowed.
1 provisions across 1 enactments
Sharwan Singh
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
