Single Judge order granting suspension of sentence and bail to seven appellants convicted in a criminal appeal, directing execution of bail bonds.
Application for suspension of sentence allowed; appellants released on bail via personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B.Criminal Misc. Bail (Suspension of Sentence) Application No. 5/2023
IN
S.B. Criminal Appeal No. 8/2023
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Sher Singh Mehla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/01/2023
Heard learned counsel for the accused-appellants and learned public prosecutor on the application for suspension of
(2 of 3) [SOSA 5/2023)
sentence and perused the judgment impugned dated 20.12.2022 passed by Learned Additional Special Judge,Karauli in Sessions Case No.67/2014 whereby the accused-appellants have been convicted for the offence punishable under sections 148, 323, 341, 324 IPC and 3/25 Arms Act as well as under section 307 IPC and has been sentenced with maximum of three years rigorous imprisonment along with fine of Rs. 20,000/-.
Learned counsel for the accused-appellants submits that the
trial court has grossly erred in convicting and sentencing the accused-appellant. It is submitted on behalf of the appellants that a false case has been foisted against them. Learned counsel further submits that the sentence has already been suspended by the learned trial court by exercising power under Section 389(1) of Cr.P.C. The accused appellants were on bail during trial and they have not misused the liberty granted in their favour. Hearing of the appeal would likely to take long time. They are willing and ready to furnish bail bonds for their release. Therefore, the application for suspension of sentence may be granted and the sentence awarded may be suspended.
Learned Public Prosecutor vehemently opposed the prayer made by learned counsel for the accused-appellant.
Considering the overall submissions of the parties and looking to the totality of facts and circumstances of the case 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.
(3 of 3)
[SOSA 5/2023)
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 Learned Additional Special Judge,Karauli in Sessions Case No.67/2014 vide judgment dated 20.12.2022 against the appellant-applicants- Harkesh Son Of Ramswaroop, Nirbhay Singh Son Of Ratanlal, Sumran Son Of Hukam Singh, Hukam Singh Son Of Heeralal, Darshan Singh Son Of Samay Singh, Bhagwan Singh Son Of Maniram & Anoop Singh Son Of Maniram shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail provided they executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each of them to the satisfaction of the learned trial Judge for his appearance in this court on 13.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
(FARJAND ALI),J
Anu /98
1 issue framed by the court
Whether the application for suspension of sentence and bail by the appellants should be allowed during the pendency of the appeal.
1 provisions across 1 enactments
Harkesh Son Of Ramswaroop
Nirbhay Singh Son Of Ratanlal
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
