Allowed

Tarachand v. State of Rajasthan

Rajasthan HC1 Mar 2024SOSA/133/2024

Case brief

AI extract

What is this about?

The High Court allowed an application for suspension of sentence under Section 389 Cr.P.C. Appellants were directed to execute personal bonds, deposit 50% of imposed fines, and appear annually, with bail granted pending final disposal of their appeal.

What did the court decide?

Substantive sentences suspended till final disposal of appeal subject to deposit of 50% fine and execution of personal bond with sureties; bail granted.

Tarachand Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:10469]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 133/2024

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Tarachand S/o Late Shri Tulsi Ram, Aged About 46 Years, R/o Dagaliyo Ki Magri, Bhuwana, At Present R/o Shobhagpura, Sukher Police Station, Udaipur, Dist. Udaipur.

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Mohan Lal S/o Late Tulsi Ram, Aged About 44 Years, R/o Dagaliyo Ki Magri, Bhuwana, At Present R/o Shobhagpura, Sukher Police Station, Udaipur, Dist. Udaipur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Khemraj S/o Shri Hameera Ji Meghwal, R/o Liyo Ka Guda, Amba Mata Police Station, Udaipur, Dist. Udaipur.

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----Respondents

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For Petitioner(s)	: Mr. Gopal Singh Bhati
For Respondent(s)	: Mr. Mukesh Trivedi,PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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01/03/2024

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Heard learned counsel for the appellants as well as learned Public Prosecutor.

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Learned counsel for the appellants submits that the accusedappellants were on bail during trial and hearing of the appeal will take sufficiently long time, therefore, the sentence of the appellants may kindly be suspended.

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Learned Public Prosecutor opposed the prayer made by the counsel for the appellants.

[2024:RJ-JD:10469]

[SOSA-133/2024]

(2 of 3)

Upon a consideration of the arguments advanced on behalf of the appellants 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 appellants.

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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 substantive sentences passed by the learned Special Judge, SC/ST Act Cases, Udaipur vide judgment dated 19.01.2024 in Special Sessions Case No.111/2021 against the appellants-applicants - (1) Tarachand S/o Late Shri Tulsi Ram and (2) Mohan Lal S/o Late Tulsi Ram shall be suspended till final disposal of the aforesaid appeal subject to the condition that the appellants shall deposit 50% of the fine amount as imposed by the learned trial Court and they will be released on bail, provided each of them executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 03.04.2024 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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(3 of 3) [SOSA-133/2024]

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[2024:RJ-JD:10469]

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Appellants shall deposit 50% of the fine amount as imposed by the learned 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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(MANOJ KUMAR GARG),J

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270-Rashi/-

Tarachand v. State of Rajasthan

Case brief

What is this about?

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Tarachand v. State of Rajasthan

Case brief

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