Allowed

Santosh @ Kantya S/O Shri Chhote Lal v. State of Rajasthan

Rajasthan HC5 Jan 2023SOSR/273/2022

Case brief

AI extract

What is this about?

This court allowed the application for suspension of sentence under Section 389 Cr.P.C. pending disposal of the revision petition. The petitioner, convicted for offences under sections 457 and 380 IPC, was granted bail on execution of a personal bond with sureties, subject to appearance conditions.

What did the court decide?

Sentences passed by the trial Court shall remain suspended; petitioner released on bail with personal bond of Rs.50,000/ and two sureties of Rs.25,000/- each.

Santosh @ Kantya S/O Shri Chhote Lal Vs… — Civil Procedure and Limitation | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Crimial Misc. Suspension of Sentence Revision

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No. 273/2022

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S.B. Criminal Revision Petition No. 898/2022

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Santosh @ Kantya S/o Shri Chhote Lal, R/o Dhani Badh Tan Rani Ka Bas, P.s. Bandikui, District Dausa (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. M.P. Meena For Respondent(s) : Mr. M.S. Saini, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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05/01/2023

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Heard learned counsel for the accused petitioner and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 10.06.2022 passed by learned Additional District and Sessions Judge No.1, Bandikui, Dausa whereby the accused petitioner has been convicted for the offence punishable under sections 457 and 380 IPC and has been sentenced to maximum two years simple imprisonment along with fine of Rs.1,000/- and in default of payment of fine one month additional S.I.

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Learned counsel for the accused-petitioner raises serious doubt over the manner in which the recovery has been affected and thus submitted that recovery from the petitioner is nothing but a farce.

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(2 of 3) [SOSR-273/2022]

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Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-petitioner.

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The accused-petitioner is behind the bars and the hearing of case is likely to take further more time, therefore, considering the overall submissions 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 case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused petitioner.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional District and Sessions Judge No.1, Bandikui, Dausa, vide judgment dated 10.06.2022 in Criminal Case No. 53/2014 against the petitioner-applicant Santosh @ Kantya S/o Shri Chhote Lal shall remain suspended till final disposal of the aforesaid case and he shall be released on bail provided he executes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 08.02.2023 and whenever ordered to do so till the disposal of the case on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the case is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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(3 of 3) [SOSR-273/2022]

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Similarly, if the sureties change their

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address(s),they will give in writing their changed address to the trial Court.

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(FARJAND ALI),J

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PREETI VALECHA /37

Santosh @ Kantya S/O Shri Chhote Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Santosh @ Kantya S/O Shri Chhote Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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