Allowed

Jagdishchandra v. State of Rajasthan

Rajasthan HC8 May 2024SOSA/315/2024

Case brief

AI extract

What is this about?

This High Court allowed an application for suspension of sentence under Section 389 Cr.P.C., considering the appellant has been in judicial custody for over three years. The court granted bail subject to conditions, including partial fine deposit, execution of bond, and appearance before the trial court.

What did the court decide?

Sentence suspended; bail granted on conditions of 50% fine deposit, personal bond of Rs.1,00,000/- with sureties, and periodic court appearance.

Jagdishchandra Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:20437]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 315/2024

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Jagdishchandra S/o Sohanlal, Aged About 50 Years, R/o 22 N.D.R., Police Station Hanumangarh Town, Tehsil And District Hanumangarh. (At Present Lodged In Central Jail, Bikaner)

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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) : Dr. Harish Purohit For Respondent(s) : Mr. Mukesh Trivedi, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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08/05/2024

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Heard learned counsel for the parties.

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Learned counsel for the appellant submits that the accusedappellant is in judicial custody for more than three years and hearing of the appeal will take sufficiently long time, therefore, the sentence of the appellant may kindly be suspended.

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Learned Public Prosecutor has opposed the prayer made by the counsel for the appellant.

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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.

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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 Additional Sessions Judge No.1, District Hanumangarh vide judgment dated 29.04.2022 in Sessions Case No.12/2016 against the appellantapplicant - Jagdishchandra S/o Sohanlal 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:-

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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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Appellant shall deposit the 50% of 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-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.

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(MANOJ KUMAR GARG),J

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162-Rashi/-

Jagdishchandra v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jagdishchandra v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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