Suspension of sentence application by a convict in judicial custody for over five years and eight months awaiting appeal hearing. The court found it a fit case, suspended the substantive sentence till final disposal of the appeal, subject to depositing 50% of the fine and executing bail bonds with two sureties.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 176/2024
Govind Lal S/o Banshi Lal, Aged About 48 Years, R/o Barkhera, P.s. Rathanjna, District Pratapgarh (Raj.). (Presently Lodged At Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.K. Charan For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
17/05/2024
Heard learned counsel for the parties.
Learned counsel for the appellant submits that the accusedappellant is in judicial custody for more than five years & eight months and hearing of the appeal will take sufficiently long time, therefore, the sentence of the appellant may kindly be suspended. Learned Public Prosecutor has opposed the prayer made by the counsel for the appellant.
Upon a consideration of the arguments advanced on behalf of the appellant 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 appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the
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substantive sentences passed by the learned District & Sessions Judge, District Pratapgarh vide judgment dated 11.11.2020 in Sessions Case No.122/1999 against the appellant-applicant - Govind Lal S/o Banshi Lal shall be suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit the 50% of the fine amount as imposed by the learned trial Court and he will 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 Judge for his appearance in this court on 02.07.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
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
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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.
(MANOJ KUMAR GARG),J
73-Rashi/-
1 issue framed by the court
Should the appellant's substantive sentence be suspended pending disposal of his appeal, given over five years and eight months in custody?
1 provisions across 1 enactments
Govind Lal S/o Banshi Lal
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
