Allowed

Ramjan S/O Karna, v. State of Rajasthan

Rajasthan HC28 May 2024SOSA/149/2024

Case brief

AI extract

What is this about?

The High Court suspended the sentence awarded to the accused-appellant Ramjan pending the disposal of his Criminal Appeal, allowing his release on bail subject to fulfilling specific conditions including fine deposit and appearance before the trial court.

What did the court decide?

Sentence suspended; applicant released on bail subject to depositing fine, executing personal bond with sureties, and appearing before the trial court periodically.

Ramjan S/O Karna, Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 149/2024

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S.B. Criminal Appeal No.173/2024

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Ramjan S/o Karna, Aged About 31 Years, R/o Bhawanikheda, Tan Narwar, Police Station Gegal, District Ajmer (Raj.).

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(At Present Confined In Central Jail Ajmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Ishwar Singh Rathore For Respondent(s) : Mr. MK Sheoran, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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28/05/2024

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Counsel for the appellant submits that the statements of injured-Shambhudeen have not been recorded because he committed suicide prior to his examination in the witness-box. Counsel submits that total sentence of five years has been awarded to the appellant and the appellant has already remained in custody for sufficient time and he was on bail during the course of trial. Counsel submits that hearing and disposal of the appeal is bound to take time, so the sentence of the appellant be suspended till disposal of the appeal.

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[SOSA-149/2024]

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(2 of 3)

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Per contra, learned Public Prosecutor has opposed the suspension of sentence application.

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Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.

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Considering the arguments put forward by the counsel for the appellant and looking to the fact that the statements of injured have not been recorded, because he committed suicide and the appellant has undergone substantive sentence out of total sentence of five years and looking to the fact that hearing and disposal of the appeal is likely to take time, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.

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Accordingly, the application for suspension of sentence filed by the applicant under Section 389 Cr.P.C. is allowed and the sentence awarded by the Court of Additional Sessions Judge (Women Atrocity Cases), Ajmer vide judgment dated 19.12.2023 in Sessions Case No.65/2018 against the appellant Ramjan S/o Karna shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he 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 Court for appearance before this Court on 28.06.2024 and whenever

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(3 of 3)

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[SOSA-149/2024]

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ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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That he shall 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 changes the place of residence and mobile number, he will give in writing his changed address and mobile number 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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Appellant shall deposit a 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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant was 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 accusedappellant 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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(ANOOP KUMAR DHAND),J

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KuD/68

Ramjan S/O Karna, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramjan S/O Karna, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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