Single judge order allowing suspension of substantive sentence on bail pending appeal under Section 389 Cr.P.C., subject to deposit of 50% fine and conditions.
Substantive sentences suspended and appellant released on bail subject to deposit of 50% of fine and execution of personal bond.
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[2024:RJ-JD:15838]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 272/2024
Kanwaljeet Singh S/o Sh. Bagga Singh, Aged About 23 Years, R/o Naya Salemshah, P.s. Sadar Fazilka, District Fazilka. (Lodged In District Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Monal Chugh For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/04/2024
Heard learned counsel for the appellant as well as learned Public Prosecutor.
Learned counsel for the appellant submits that the accused appellant was on bail during the trial and hearing of the appeal will take sufficient long time, therefore, the sentence of the appellant may kindly be suspended.
Learned Public Prosecutor vehemently 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.
[2024:RJ-JD:15838]
[SOSA-272/2024]
(2 of 3)
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 District & Sessions Judge, Hanumangarh, vide judgment dated 08.02.2024 in Sessions Case No.26/2021 (CIS No.27/2021) against the appellant-applicant Kanwaljeet Singh S/o Sh. Bagga Singh, shall remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit 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 10.05.2024 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
(3 of 3) [SOSA-272/2024]
[2024:RJ-JD:15838]
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.
(MANOJ KUMAR GARG),J
296-Ishan/-
1 issue framed by the court
Whether the substantive sentence awarded to the appellant-applicant should be suspended during the pending appeal.
1 provisions across 1 enactments
Kanwaljeet Singh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
