Allowed

Vikram Abrol S/O Sh. Prem Sagar Abrol v. State of Rajasthan

Rajasthan HC8 Apr 2024RSTAY/1860/2024

Case brief

AI extract

What is this about?

The High Court suspended the sentence awarded to the petitioner under Sections 279 and 304-A IPC pending the disposal of his criminal writ petition. The court noted the petitioner had not misused bail during trial and appeal, and that the writ petition would not be heard in the near future. The petitioner was released on bail with conditions.

What did the court decide?

Sentence under Sections 279 and 304-A IPC suspended; petitioner released on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each, subject to conditions.

Vikram Abrol S/O Sh. Prem Sagar Abrol Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

¶1

[2024:RJ-JP:16863]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. CRIMINAL STAY/SUSPENSION OF SENTENCE APPLICATION NO.1860/2024

¶4

¶5

S.B. CRIMINAL WRIT PETITION NO. 501/2024

¶6

Vikram Abrol S/o Sh. Prem Sagar Abrol, Aged About 52 Years, R/o Sector-01, House No. 20B, Jawahar Nagar, Jaipur (Raj.) Presently In Sub Jail, Behror (Alwar).

¶7

----Petitioner

¶8

Versus

¶9

State of Rajasthan, through PP

¶10

Sheeshram S/o Sh. Cheetarmal, R/o Jonaicha Khurd, P.s. Shahjahanpur, Dist. Alwar (Raj.).

¶11

----Respondents

¶12

For Petitioner(s) : Mr. Ashindra Gautam Mr. Kinshuk Jain, Mr. Sourabh Jain Mr. Jay Upadhyay

¶13

For Respondent(s) : Mr. Sher Singh, PP

¶14

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

¶15

Order

¶16

08/04/2024

¶17

Heard learned counsel for the accused-applicant and learned Public Prosecutor on the application for suspension of sentence.

¶18

The accused petitioner has been convicted for offences under Sections 279 and 304-A IPC and sentenced to maximum punishment for two years vide judgment dated 21.11.2019 passed by learned Judge, Gram Nyayalaya, Neemrana in Criminal Original Case No.23/449/13. The accused petitioner challenged the aforesaid judgment of conviction and sentence in appeal (No.29/2019) before the learned Addl. Sessions Judge No.2,

[2024:RJ-JP:16863]

[SOSA No.1860/2024]

(2 of 4)

Behror, Alwar. The learned appellate court vide judgment dated 05.03.2024, partly allowed the appeal and while maintaining the conviction of the accused petitioner for offences under Section 279 and 304A IPC, has awarded maximum sentence of six months for offence under Section 304A IPC.

¶23

Learned counsel for the accused-applicant submits that the accused petitioner was on bail during trial as well as during pendency of the appeal and he did not misuse the said liberty. He further submits that there is no evidence available on record that the applicant was driving the vehicle in rash and negligent manner. The applicant is in custody since 05.03.2024 and there is no immediate prospect of the instant criminal writ petition being heard and decided in near future. Learned counsel thus, prays that the instant application for suspension of sentence may be accepted and the accused-petitioner may be released on bail during pendency of the writ petition.

¶24

Learned Public Prosecutor opposes the application and submits that both learned trial court as well as learned appellate court have rightly recorded conviction of the accused applicant for offences under Section 279 and 304 A IPC and therefore, this application is also liable to be dismissed. He however, admits that the applicant was on bail during the course of trial as well as during pendency of appeal.

¶25

Upon a consideration of the arguments advanced on behalf of the applicant and having regard to the facts and circumstances as available on the record, especially the fact that there is no immediate prospect of the writ petition being heard and decided in near future; applicant has not misused the liberty of bail during

(3 of 4)

[2024:RJ-JP:16863]

[SOSA No.1860/2024]

trial as well as in pendency of appeal, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused during pendency of the instant criminal writ petition.

¶30

Accordingly, the application for suspension of sentence filed under Section 226 of the Constitution of India read with Section 482 Cr.P.C. is allowed and it is ordered that the sentence passed by the Gram Nyayalaya, Neemrana, Alwra vide judgment dated 21.11.2019 in Criminal Original Case No.23/449/13 and affirmed by the learned Additional Sessions Judge, No.2, Behror, District Alwar vide judgment dated 05.03.2024 in Criminal Appeal No.29/2019 against the appellant-applicant - Vikram Abrol S/o Shri Prem Sagar Abrol shall remain suspended till final disposal of the aforesaid writ petition 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 his appearance in this court on 08.05.2024 and whenever ordered to do so till the disposal of the criminal writ petition on the conditions indicated below:-

¶31

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

¶32

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.

¶33

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

¶34

[2024:RJ-JP:16863]

¶35

[SOSA No.1860/2024]

¶36

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.

¶37

(ANIL KUMAR UPMAN), J

¶38

LALIT MOHAN /673

Vikram Abrol S/O Sh. Prem Sagar Abrol v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vikram Abrol S/O Sh. Prem Sagar Abrol v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shoukin S/O Suleman Vs Ncb

Sanjeev Kumar S/O Indraj Singh, Vs State of Rajasthan

Ganpat Ram S/O Oghad Ram Vs Narcotic Control Bureau

Varun Beverages Limited and Anr. Vs State of Rajasthan through Pp

Kaniram S/O Ramlal, Vs State of Rajasthan

Messrs Mahakaleshwar Textile Vs State of Rajajsthan