Allowed

Achala Ram v. State of Rajasthan

Rajasthan HC19 Dec 2023SOSR/503/2023

Case brief

AI extract

What is this about?

A single judge acquitted allowed an application for suspension of sentence under Section 397 Cr.P.C., suspending the substantive award and granting bail by depositing 50% of the fine, subject to specific compliance conditions until the revision's final disposal.

What did the court decide?

Application for suspension of sentence under Section 397 Cr.P.C. allowed; substantive sentence suspended; petitioner released on bail upon depositing 50% of fine and executing a bond.

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

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[2023:RJ-JD:44528]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Suspension Of Sentence(Revision) No. 503/2023

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Achala Ram S/o Shri Narsaji, Aged About 55 Years, R/o Thal, Tehsil Reodar, P.s. Anadara, Dist. Sirohi (At Present Petitioner Lodged At Dist. Jail, Sirohi)

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----Petitioner

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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. Deepak Chowdhary For Respondent(s) : Mr. Mukesh Trivedi, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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19/12/2023

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Heard learned counsel for the parties and perused the material available on record.

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Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner.

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Accordingly, the application for suspension of sentence filed under Section 397 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the Learned Judicial Magistrate, Reodar, District Sirohi in Criminal Case No.376/2009 vide order dated 23.01.2020 as affirmed by the Learned Sessions Judge, Sirohi vide order dated 12.12.2023 in Cr. Appeal No.12/2020 against the petitioner-applicant Achala Ram S/o Shri Narsaji shall remain suspended, till final disposal of the aforesaid revision and

[2023:RJ-JD:44528]

[SOSR-503/2023]

(2 of 2)

he shall be released on bail, subject to deposit 50% of the fine amount provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each of to the satisfaction of the learned trial Judge for his appearance in this court on 19.01.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they 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 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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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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4.Petitioner shall deposit 50% of the fine amount before the trial Court which shall be disbursed immediately to the respondent-complainant.

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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.

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(MANOJ KUMAR GARG),J

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141-raksha/-

Achala Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Achala Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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