Allowed

Chiman v. State of Rajasthan

Rajasthan HC6 Nov 2023SOSA/988/2023

Case brief

AI extract

What is this about?

This order allows an application for suspension of sentence pending appeal. The High Court suspended the life imprisonment awarded to the appellant, directing him to execute a personal bond with sureties and appear before the trial court annually.

What did the court decide?

Sentence suspended pending appeal conditioned upon execution of personal bond of Rs.2,00,000 with two sureties and annual appearance in January.

Chiman Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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[2023:RJ-JD:38004-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 988/2023

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Chiman S/o Sh. Varji, Aged About 37 Years, Bhuraka P.S., Kalinjara, Dist. Banswara. (Lodged In Dist. Jail, Banswara).

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----Appellant-Applicant

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Mridul Jain Mr. Bhagat Dadhich For Respondent(s) : Mr. B. R. Bishnoi, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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06/11/2023

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Heard learned counsel for the parties on the application for suspension of sentence.

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The instant application for suspension of sentence has been preferred by the appellant-applicant, who has been convicted and sentenced by the learned Additional Sessions Judge, Banswara vide judgment dated 12.02.2013 in Sessions Case No.20/2008. The appellant-applicant has been sentenced as under :-

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Offence U/s	Sentence	Fine	Sentence in default of payment of fine
147 IPC	2 Years’ S.I.	Rs.2,000/-	2 Months’ S.I.
148 IPC	3 Years’ S.I.	Rs.3,000/-	3 Months’ S.I.
323/149 IPC	1 Year’s S.I.	Rs.1,000/-	1 Months’ S.I.
324/149 IPC	3 Years’ S.I.	Rs.3,000/-	3 Months’ S.I.
302/149 IPC	Life Imprisonment	Rs.10,000/-	6 Months’ R.I.

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[SOSA-988/2023]

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[2023:RJ-JD:38004-DB]

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(2 of 4)

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It is noticed that the appellant was convicted and sentenced by the learned Additional Sessions Judge, Banswara vide judgment dated 12.02.2013 for life imprisonment. The said judgment was challenged by way of appeal by the appellant, wherein this Court vide order dated 28.09.2015 has suspended the sentence of the appellant awarded by the trial court, however, the appellant was directed to appear before the trial court in the month of January every year till the appeal is finally decided.

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As per the communication received from the trial court, the appellant has failed to appear before it since January, 2016. Taking note of the above fact, this Court has issued warrant of arrest against the appellant on 23.05.2023 and pursuant to that, he was arrested by police and produced before this Court and as per the order of this Court, he was sent to judicial custody on 07.08.2023.

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Learned counsel for the appellant has submitted that proceedings under Section 446 Cr.P.C. against the sureties have been concluded for all practical purposes as one of the sureties Man Singh has expired and therefore, the trial court has dropped the proceedings against him under Section 446 Cr.P.C., however, in respect of other surety Kaliya, recovery warrant has already been issued and the matter is pending with the trial court only for the purpose of progress of the recovery warrant and recovery of money. Learned counsel for the appellant has also submitted that the appellant belongs to lower strata of society and as he went out of State for earning livelihood, he failed to mark his presence

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(3 of 4)

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[2023:RJ-JD:38004-DB]

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[SOSA-988/2023]

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before the trial court since January 2016.

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It is further submitted by learned counsel for the appellant that in future the appellant will abide by all the conditions as mentioned in the order of suspension of sentence.

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Learned Public Prosecutor has opposed this application for suspension of sentence.

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Taking into consideration the overall facts and circumstances of the case and without making any observation on the merits of the case, we are inclined to suspend the sentence awarded to the appellant-applicant.

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Accordingly, this application for suspension of sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Additional Sessions Judge, Banswara vide judgment dated 12.02.2013 in Sessions Case No.20/2008 against appellant-applicant Chiman S/o Sh. Varji shall remain suspended till final disposal of the appeal, provided he executes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial judge for his appearance in this court on 11.01.2024 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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

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That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel

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(4 of 4)

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[2023:RJ-JD:38004-DB]

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[SOSA-988/2023]

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in the High Court.

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Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant was 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(MADAN GOPAL VYAS),J

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(VIJAY BISHNOI),J

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22-AjaySingh/-

Chiman v. State of Rajasthan

Case brief

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Chiman v. State of Rajasthan

Case brief

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