Allowed

Devendra @ Pulsar @ Kishnu Son of Shri Amar Singh, v. State of Rajasthan

Rajasthan HC4 Apr 2024SOSA/215/2024

Case brief

AI extract

What is this about?

Allowed suspension of substantive sentence awarded by Sessions Court pending disposal of criminal appeal under Section 389 Cr.P.C. Imposed conditions including fine deposit, personal bond, and periodic appearance in trial court.

What did the court decide?

Sentence suspended pending appeal; bail granted with sureties and annual appearance in trial court.

Devendra @ Pulsar @ Kishnu Son of Shri Amar… — Murder and Culpable Homicide | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 215/2024

¶3

¶4

S.B. Criminal Appeal No. 255/2024

¶5

Devendra @ Pulsar @ Kishnu Son of Shri Amar Singh, Resident of Gali No. 11, Poonam Colony, Police Station Railway Colony, Kota City District Kota. (Raj) (At Present Confined In District Jail Kota)

¶6

---- Accused- Appellant

¶7

Versus

¶8

State Of Rajasthan, Through P.P.

¶9

----Respondent

¶10

For Petitioner(s) : Mr. Pawan Kumar Verma For Respondent(s) : Mr. Atul Sharma-PP

¶11

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

¶12

Order

¶13

04/04/2024

¶14

Counsel for the appellant submits that the appellant has been convicted for the offences punishable under Sections 341, 323, 324, 325 and 308 of IPC and the maximum sentence of four years has been awarded to him by judgment dated 25.01.2024. Counsel submits that during the course of trial, appellant was on bail and hearing of the appeal is bound to take time, so the sentence of the appellant be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor has opposed the suspension of sentence application.

¶15

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

¶16

[SOSA-215/2024]

¶17

(2 of 3)

¶18

Considering the arguments put forward by the counsel for the appellant and looking to the fact that the maximum sentence awarded to the appellant is four years and he was on bail during the course of the trial and looking to the fact that 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 substantive sentence awarded to the accused-appellant.

¶19

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 Sessions Judge, Kota vide judgment dated 25.01.2024 in Sessions Case No.51/2018 against the appellant Devendra @ Pulsar @ Kishnu Son of Shri Amar Singh 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 06.05.2024 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

¶20

That he shall appear before the trial Court in the month of January of every year till the appeal is decided.

¶21

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.

¶22

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

¶23

Appellant shall deposit a fine amount as imposed by the learned trial Court.

¶24

[SOSA-215/2024]

¶25

(3 of 3)

¶26

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 accusedappellant 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 accused-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

¶27

(ANOOP KUMAR DHAND),J

¶28

Ashu/128

Devendra @ Pulsar @ Kishnu Son of Shri Amar Singh, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Devendra @ Pulsar @ Kishnu Son of Shri Amar Singh, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishna Murari Vs State and Ors.

Rambabu Vs State of Rajasthan and Anr.

Nanhey Khaa Vs State

Bharosi Vs State

Umesh Kumar Vs Renu @ Renuka and Anr.

Mohan Son of Keshu Ram Vs State of Rajasthan