The High Court allowed a suspension of sentence application under Section 389 Cr.P.C., granting bail to the appellant subject to depositing 50% of the fine and executing a personal bond with sureties.
Suspension of sentence allowed; release on bail subject to deposit of 50% fine and execution of personal bond with sureties.
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[2023:RJ-JD:34006]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 465/2023
Sandeep Singh S/o Natha Singh, Aged About 29 Years, R/o Dhinga, Police Station Pilibanga, District Hanumangarh (Raj.) (At Present Lodged In District Jail, Hanumangarh)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Kuldeep Sharma |
|---|---|
| For Respondent(s) | : Mr. Gaurav Singh, PP |
| Mr. Pankaj Kumar Gupta |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/10/2023
Heard learned counsel for the appellant as well as learned Public Prosecutor and perused the material available on record.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the fact that the appellant was on bail during the trial, 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 learned Special Judge, Protection of Children From Sexual Offence Act, Hanumangarh, vide judgment dated 02.05.2023 in Sessions Case No.107/2019 against the appellant-
(2 of 2)
[2023:RJ-JD:34006]
[SOSA-465/2023]
applicant Sandeep Singh S/o Natha Singh, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to deposit 50% of the fine amount as imposed by the learned trial Court, 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 20.11.2023 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 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.
(MANOJ KUMAR GARG),J
539-MS/-
1 issue framed by the court
Whether the High Court can suspend the sentence awarded to an appellant who was on bail during trial.
1 provisions across 1 enactments
Sandeep Singh
State Of Rajasthan
Mandar Singh
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
