This order allows suspension of sentences imposed on five convicted appellants pending the disposal of their appeal. The High Court ordered release on bail requiring personal bonds and attendance at the trial court.
Applications under Section 389 Cr.P.C. allowed; sentences suspended; offenders released on bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 31/2024
----Petitioners
Versus
----Respondents
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 32/2024
----Petitioners
Versus
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[SOSA-31/2024]
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----Respondents
| For Petitioner(s) | : Mr. Girish Khandelwal |
|---|---|
| For Respondent(s) | : Mr. Mahendra Meena, PP |
| Mr. Dharmendra Kumar |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
25/01/2024
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:-
| Offence Section |
Under | 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 |
Heard learned counsel for the appellants and learned Public Prosecutor on the applications for suspension of sentences.
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.
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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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
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:-
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
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court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(PRAVEER BHATNAGAR),J
355-356- Mohit
1 issue framed by the court
Whether the cases are fit for suspension of sentences pending appeal under Section 389 Cr.P.C.
1 provisions across 1 enactments
Baldev Son Of Pratap Singh
Hari Kishan Son Of Pratap Singh
Smt. Vidya Devi Wife Of Hargopal
Smt. Urmila Wife Of Harikishan
Hargopal Son Of Pratap Singh
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
