Allowed

Nand Singh Hajuri v. State of Rajasthan

Rajasthan HC18 Apr 2023SOSA/16/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur, in an appeal against conviction and sentence for offences under IPC 304(1), 308, 134, 187, 113, and 194, suspended the substantive sentence and granted bail to the appellant-applicant for a one-month personal bond period and annual trial court appearances during the pendency of the appeal.

What did the court decide?

Appellant released on bail and substantive sentence suspended until final disposal of appeal; condition to appear in trial court annually in January.

Nand Singh Hajuri Vs State of Rajasthan — Civil Procedure and Limitation | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 16/2023

¶3

¶4

D.B. Criminal Appeal No.8/2023.

¶5

Nand Singh Hajuri S/o Madan Singh, Aged About 45 Years, R/o Kila Begu, P.s. Begu, District Chittorgarh. (Presently Lodged At Central Jail, Udaipur)

¶6

----Petitioner

¶7

Versus

¶8

State Of Rajasthan, Through Pp

¶9

----Respondent

¶10

For Petitioner(s)	: Mr. R.K.	Charan.
For Respondent(s)	: Mr. R.R.	Chhaparwal,PP

¶11

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

¶12

Order

¶13

18/04/2023

¶14

The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 28.11.2022 passed by the learned Additional Sessions Judge, Begu, Distt. Chittorgarh, in Sessions Case No.5/2021 (5/2009) :

¶15

Offence	Sentence	Fine
304(1) IPC	Life Imprisonment	Rs.5,00,000/- and in default of which to further undergo threeyears’ S.I.
308 IPC	Seven Years’ Simple Imprisonment	Rs.50,000/- and in default of which to further undergo one year’s S.I.
134/187 M.V. Act	Six Months’ Simple Imprisonment	Rs.5,00,000/- and in default of which to further undergo fifteen days’ S.I.

¶16

[SOSA-16/2023]

¶17

113/194 M.V. Act	(2 of 4)	[SOSA-16/2023 Rs.20,000/- and in default of which to further undergo one month’s S.I.

¶18

The appellant-applicant has preferred the application for suspension of sentence under Section 389 Cr.P.C. for release on bail during the pendency of the appeal.

¶19

Leaned counsel for the appellant-applicant submitted that the trial court has grossly erred in convicting and sentencing the appellant-applicant for the offence under Sections 304(1) & 308 IPC and Sections 134/187 & 113/194 M.V. Act.

¶20

It is submitted by learned counsel for the appellant-applicant that the applicant was on bail during trial and that hearing of the appellant-applicant is likely to take sufficiently long time.

¶21

Further submissions have been made that the appellantapplicant has been held guilty of offence under Section 304(1) IPC on account of the fact that the bus, which was driven by the applicant fell into a deep trench, resulting into the death of 04 persons and injury was caused to around 35-40 passengers.

¶22

Further submissions have been made that though the conductor of the bus was also tried, during pendency of the trial he died.

¶23

Submissions have been made that the offence, at best, can fall under Section 304-A IPC only and convicting the appellantapplicant under Sections 304(1) & 308 IPC is not justified. It was prayed that the appellant-applicant be granted bail.

¶24

Learned Public Prosecutor opposed the application for suspension of sentence.

¶25

Having considered the totality of the facts and circumstances of the case and after carefully scrutinizing the record of the case,

¶26

[SOSA-16/2023]

¶27

(3 of 4)

¶28

without making any observations on merits of the case, we are inclined to suspend the substantive sentence of the appellantapplicant, namely, Nand Singh Hajuri S/o Madan Singh, during the pendency of the appeal.

¶29

Accordingly, the instant application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that substantive sentence passed by the Additional Sessions Judge, Begu, Distt. Chittorgarh, in Sessions Case No.5/2021 (5/2009) against the appellant-applicant, namely, Nand Singh Hajuri S/o Madan 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/each with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance in this court on 18.05.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:

¶30

That he will appear before the trial court in the month of January of every year till the appeal is decided.

¶31

That if the applicant change 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.

¶32

Similarly, if the sureties change his address(s) he will give in writing their changed address to the trial court.

¶33

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 relating 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. file shall

¶34

(4 of 4)

¶35

[SOSA-16/2023]

¶36

not been taken into account for statistical purpose relating to pendency and disposal of the cases in the trial court. In case the said accused-applicant do not appear before the trial court, learned trial Judge shall report the matter to the High Court for cancellation of bail.

¶37

(RAJENDRA PRAKASH SONI),J

¶38

(ARUN BHANSALI),J

¶39

20-Rmathur/-

Nand Singh Hajuri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nand Singh Hajuri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mangilal Vs State of Rajasthan

Smt. Rangana Vs State of Rajasthan

Bala Ram Vs State of Rajasthan

Roshan Singh Kharvad Vs District Collector, Rajsamand

Madhav Lal Ahir Vs State of Rajasthan

Lalit Kumar Vs State of Rajasthan