The High Court allowed the application for suspension of sentence under Section 389 Cr.P.C. The petitioner, convicted under Sections 306 and 498A IPC, was released on bail pending the disposal of his first appeal against conviction.
Sentence suspended; petitioner released on bail by executing a personal bond of Rs. 50,000 with two sureties.
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[2024:RJ-JD:113]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1452/2023
Bhemaram @ Bhimaram S/o Tararam, Aged About 35 Years, R/o Bhatana, P.s. Mandar, District Sirohi (Raj.). (At Present Lodged In Dist. Jail Sirohi).
----Petitioner
----Respondents
For Petitioner(s) : Mr. B.S. Rathore For Respondent(s) : Mr. Gaurav Singh, A.G.A.
HON'BLE MR. JUSTICE FARJAND ALI Order
02/01/2024
[2024:RJ-JD:113]
[SOSA-1452/2023]
(2 of 3)
(3 of 3)
[2024:RJ-JD:113]
[SOSA-1452/2023]
since last one year and the total sentence is not more than five years, considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accusedpetitioner.
(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.
(2) That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.
(FARJAND ALI),J
72-Samvedana/-
2 issues framed by the court
Whether the sentence imposed by the trial court should be suspended pending the disposal of the first appeal.
Whether the applicant is eligible for release on bail under Section 389 Cr.P.C. given the pendency of the appeal.
Colour shows how this judgement treated each authority
Harjit Singh vs. State of PunjabApplied¶20
Harjit Singh vs. State of Punjab in Criminal Case No.756/1999 vide order dated 08.12.2005
1 provisions across 1 enactments
Bhemaram @ Bhimaram S/o Tararam
State Of Rajasthan
Ganesh Ram S/o Shri Chhoga Ram
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
