Allowed

Banwari S/O Pratap v. State of Rajasthan

Rajasthan HC6 Feb 2024SOSA/130/2024

Case brief

AI extract

What is this about?

Accused-appellant convicted under IPC Sections 147/149, 323/149 and 308/149 sought second suspension of sentence after his bail bonds were forfeited for absence. Considering his three months in custody and the appeal's likely duration, the court allowed the application under Section 389 Cr.P.C., suspending the sentences till disposal of the appeal on bond conditions.

What did the court decide?

Sentences suspended till disposal of appeal; release on personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Banwari S/O Pratap Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:6128]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc II Suspension Of Sentence Application

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No.130/2024 IN

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S.B. Criminal Appeal No.1078/2019

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Banwari S/o Pratap, Aged About 40 Years, R/o Mothpur (Talawda) Police Station Kotwali Baran District Baran (Presently Accused /appellant Is In Jail Baran)

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----Appellant

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Versus

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State of Rajasthan, through Public Prosecutor

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		----Respondent
For Petitioner(s)	: Mr. B.L. Dhakar
For Respondent(s)	: Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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06/02/2024

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The accused-appellant herein has been convicted and sentenced vide judgment dated 11.04.2019 passed by the learned Additional District & Sessions Judge No.2, Baran in Sessions Case No.02/2019 (CIS No.55/2017) as under:-

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Offence Under Section	Imprisonment	Fine	Sentence in default of payment of fine
147/149 I.P.C.	One year’s S.I.	Rs.1,000/-	Fifteen days’ S.I.
323/149 I.P.C.	Six months’ S.I.	Rs.1,000/-	Fifteen days’ S.I.
308/149 I.P.C.	Threeyears’ S.I.	Rs.3,000/-	One month’s S.I.

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This criminal misc. second suspension of sentence application is preferred against the order dated 01.04.2022,

[2024:RJ-JP:6128]

[SOSA-130/2024]

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whereby, this Court forfeited the bail bonds of the accusedappellant and directed to issue arrest warrant.

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Learned counsel for the accused-appellant submits that earlier vide order dated 04.07.2019, sentence of accusedappellant was suspended and in pursuance of the said order, accused-appellant was directed to present before this Court. He also submits that due to unavoidable reasons, accused-appellant could not mark his presence on due date. The accused-appellant is in custody for almost three months, therefore, second suspension of sentence application of accused-appellant may be allowed.

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Learned Public Prosecutor vehemently opposes the second suspension of sentence application.

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Considering the fact that accused-appellant is in custody for almost three months and decision of the criminal appeal may take considerable time and earlier sentence of accused-appellant was suspended, I deem it proper to allow the second suspension of sentence application of accused-appellant during pendency of the instant appeal.

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Accordingly, the second misc. 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 & Sessions Judge No.2, Baran in Sessions Case No.02/2019 (CIS No.55/2017) vide judgment dated 11.04.2019 against the appellant-applicant Banwari S/o Pratap , shall remain suspended till final disposal of the aforesaid appeal 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

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[2024:RJ-JP:6128]

[SOSA-130/2024]

court on 11.03.2024 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) change(s) 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, 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-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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(PRAVEER BHATNAGAR),J

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140-SURAJ KUMAR

Banwari S/O Pratap v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Banwari S/O Pratap v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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