This court allowed an application under Section 389 Cr.P.C. to suspend the sentence of the appellant during the pendency of his appeal, directing him to furnish a bond and appear as called upon.
The execution of the sentence awarded by the Trial Court was suspended during the pendency of the appeal upon furnishing a bond and surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 133/2024
in
S.B. Criminal Appeal No.1056/2023
Ganga Ram Son Of Shri Raghuwar, Resident Of Pahadi Police Station Sadar Karauli District Karauli (Rajasthan) (At Present In Central Jail Sewar, Bharatpur)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Lakhan Singh Tomar For Respondent(s) : Mr. Yashwant Kankhadia, PP Mr. Asad Ul Haq Nooree
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
08/02/2024
Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 389 of Cr.P.C. alongwith the appeal, to suspend the sentence awarded by the Court of Additional Sessions Judge, Karauli (Rajasthan) vide its judgment dated 26.04.2023 in Sessions Case No.20/2018, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of ten years rigorous imprisonment with fine.
Learned counsel appearing for the applicant-appellant submits that initially the applicant was in custody from 20.11.2017 to 24.04.2019 and presently, he is in custody from the date of
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judgment of conviction i.e. 26.04.2023. The applicant was on bail during trial. Counsel further submits that the applications for suspension of sentence of other co-accused persons, namely Mahendra & Siyaram have already been allowed by a Co-ordinate Bench of this Court vide its order dated 10.07.2023. Learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal.
Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the submissions made herein-above.
Heard learned counsel for the parties and perused the material on record.
Taking into consideration the term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.
Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Ganga Ram S/o Shri Raghuwar, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial Court with the stipulation that he shall appear before this Court on
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11.03.2024 and thereafter, as and when he is called upon to do
so.
(VINOD KUMAR BHARWANI),J
SAHIL SONI /28
1 issue framed by the court
Whether the sentence awarded to the appellant should be suspended during the pendency of his appeal.
1 provisions across 1 enactments
Ganga Ram Son Of Shri Raghuwar
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
