This suspension application appeal allowed discharge from substantive sentences under Section 389 CrPC, subject to bond execution and fine deposit.
Sentence suspended; appellant released on bail subject to deposit of 50% fine, personal bond, and sureties.
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[2023:RJ-JD:39283]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 770/2023
Lal Singh S/o Udai Singh Rajput, Aged About 30 Years, R/o Bansa, Police Station Salumbar, District Udaipur. (At Present Lodged In Central Jail, Udaipur)
----Petitioner
Versus
----Respondent
For Petitioner(s) : Mr. Naresh Khatri For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
16/11/2023
Heard learned counsel for the appellant as well as learned Public Prosecutor.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, 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 substantive sentences passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act Cases, Udaipur, vide judgment dated 15.06.2023 in Sessions Case No.13/2018 against the appellant-applicant Lal Singh S/o Udai Singh Rajput, shall suspended till final disposal of the aforesaid
[2023:RJ-JD:39283]
[SOSA-770/2023]
(2 of 2)
appeal subject to the condition that the appellant shall deposit the 50% of the fine amount as imposed by the learned trial Court and he will be released on bail, 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 18.12.2023 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 accused-applicant(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
121-Ishan/-
1 issue framed by the court
Whether the case is fit for suspension of sentence awarded to the appellant.
1 provisions across 1 enactments
LAL SINGH S/O UDAI SINGH RAJPUT
STATE OF RAJASTHAN
SMT. DURGA W/O SHRI BHAGWAN MEENA
MANOJ KUMAR GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
