High Court Suspended appellants sentence till appeal disposal allowing Section 389(1) CrPC application, despite antecedents, conditioning release on personal bond and sureties.
Application for suspension of sentence allowed; sentence suspended till disposal of appeal subject to execution of personal bond and sureties.
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[2023:RJ-JP:14964]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. (SOS) Application No. 975/2023
In
S.B. Criminal Appeal No.1648/2023
Ramlal S/o Harikishan, Aged About 50 Years, Resident Of Kishanpura Ki Dhani, Ramthambore Road, P.s. Kotwali, Sawai Madhopur (Raj) (At Present Confined In District Jail, Sawai Madhopur) (Raj)
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Tarun Jain Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
21/07/2023
Instant application for suspension of sentence is preferred by appellant-Ramlal in pending appeal admitted on 10.07.2023 filed aggrieved from order of conviction and sentence dated 09.06.2023 in Sessions Case No.58/2019 passed by learned Additional Sessions Judge, Sawai Madhopur whereby appellant was convicted for charge under Sections 341, 323, 324, 325, 326, 307, 435 R/w Section 34 IPC.
Learned counsel for the appellant submits that appellant is more than 50 years old man and no injury was attributed upon him. He further submitted that present appellant was involved only on the basis of vicarious liability under Section 34 of IPC as
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there was no direct evidence for involvement of present appellant. He further submits that appellant is an agriculturist and he is bread earner of the family. He further submits that appellant was on bail during trial and disposal of appeal will take its own time.
Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant. Learned counsel for the complainant submits that appellant was having criminal antecedents and as many as 20 injuries were inflicted upon injured.
Heard learned counsel for both the parties and learned Public Prosecutor.
Considered the material available on record and also as cited by learned counsel during the course of argument.
Learned Public Prosecutor has submitted custody certificate along with criminal antecedents.
A perusal of record cited by learned counsels indicated that present appellant was released on bail in pursuant to order dated 09.08.2019 in S.B. Criminal Misc. Bail Application No.9274/2019 passed by a Coordinate Bench of this court. Appellant was released on bail and he further remained on bail during trial. Out of criminal record of two cases one is present one and another one is said to be pending before the court. It is not possible for the court to express any opinion on merits of the case at this stage.
Considering the fact that appellant is on bail and disposal of appeal will take its own time, therefore application under Section 389(1) of Cr.P.C. is allowed and sentence of accused-appellant- Ramlal S/o Harikishan is suspended till disposal of appeal with the condition that he would executes a personal bond in the sum
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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 21.12.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
Misc. Application stands disposed of.
(ASHOK KUMAR JAIN),J
Arun/50
3 issues framed by the court
Whether suspension of sentence is permissible while the appeal against conviction and sentence is pending.
Whether the appellant is eligible for suspension of sentence despite having criminal antecedents.
Whether conditions for suspension of sentence and execution of personal bond are reasonable.
1 provisions across 1 enactments
Ramlal S/o Harikishan
State Of Rajasthan
ASHOK KUMAR JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
