Allowed

Baldev Son of Pratap Singh v. State of Rajasthan

Rajasthan HC25 Jan 2024SOSA/31/2024

Case brief

AI extract

What is this about?

Convicted appellants sought suspension of sentence pending appeal against conviction under Sections 148, 447, 324, 325 and 326 IPC. The court found it a fit case, suspended the sentences till disposal of the appeal and ordered release on bail with personal bonds and sureties.

What did the court decide?

Suspension of sentences till appeal disposal; release on bail on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Baldev Son of Pratap Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:4336]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 31/2024

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Baldev Son Of Pratap Singh, Aged About 40 Years, Resident Of Village Gopalpura Police Station Laxmangarh, District Alwar (Raj) (Accused Appellant In District Jail Alwar)

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Hari Kishan Son Of Pratap Singh, Aged About 53 Years, Resident Of Village Gopalpura Police Station Laxmangarh, District Alwar (Raj) (Accused Appellant In District Jail Alwar)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p

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Mohri Wife Of Gajraj, Resident Of Village Gopalpura Police Station Laxmangarh, District Alwar (Rajasthan)

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----Respondents

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Connected With

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 32/2024

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Smt. Vidya Devi Wife Of Hargopal, Aged About 45 Years, Resident Of Village Gopalpura Police Station Laxmangarh, District Alwar (Raj)

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Smt. Urmila Wife Of Harikishan, Aged About 50 Years, Resident Of Village Gopalpura Police Station Laxmangarh, District Alwar (Raj)

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Hargopal Son Of Pratap Singh, Aged About 50 Years, Resident Of Village Gopalpura Police Station Laxmangarh, District Alwar (Raj)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p

[2024:RJ-JP:4336]

[SOSA-31/2024]

(2 of 4)

Mohri Wife Of Gajraj, Resident Of Village Gopalpura Police Station Laxmangarh, District Alwar (Rajasthan)

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----Respondents

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For Petitioner(s)	: Mr. Girish Khandelwal
For Respondent(s)	: Mr. Mahendra Meena, PP
	Mr. Dharmendra Kumar

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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25/01/2024

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The appellants-applicants herein have been convicted and sentenced vide judgment dated 22.12.2023 passed by learned Additional Session Judge, Laxmangarh, District Alwar in Criminal Sessions Case No.65/2015, (CIS No.311/2015) as under:-

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Offence Section	Imprisonment	Fine	Sentence in default of fine
148 IPC	2 Years’ SI	Rs.15,00/-	7 days SI
447 IPC	3 Months’ SI	Rs.200/-	2 days SI
324 IPC	3 Years’ SI	Rs.2000/-	7 days SI
325 IPC	3 Years’ SI	Rs.2000/-	7 days SI
326 IPC	5 Years’ SI	Rs.3000/-	15 days SI

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Heard learned counsel for the appellants and learned Public Prosecutor on the applications for suspension of sentences.

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Upon consideration of the arguments advanced on behalf of the appellants and looking to the facts and circumstances available on the record, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellants during pendency of the instant appeal.

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Accordingly, the applications for suspension of sentence filed under Section 389 Cr.P.C. are allowed and it is ordered that the

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(3 of 4) [SOSA-31/2024]

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[2024:RJ-JP:4336]

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sentence passed by the learned Additional Sessions Judge Laxmangarh, District Alwar vide judgment dated 22.12.2023 in Criminal Sessions Case No.65/2015, (CIS No.311/2015) against the appellants Baldev S/o Pratap Singh, Hari Kishan S/o

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Pratap Singh, Smt. Vidya Devi W/o Hargopal, Smt. Urmila W/o Harikishan and Hargopal S/o Pratap Singh, , shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them execute personal bonds in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 26.02.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they will 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(s) changes the place of residence, he/she/they will give in writing his/her/their changed address 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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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 case the said accused applicant(s) does not appear before the trial

(4 of 4)

[2024:RJ-JP:4336]

[SOSA-31/2024]

court, the learned trial Judge shall report the matter to the High

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Court for cancellation of bail.

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(PRAVEER BHATNAGAR),J

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355-356- Mohit

Baldev Son of Pratap Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Baldev Son of Pratap Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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