Allowed

Ravi @ Dibba S/O Moolchand v. State of Rajasthan

Rajasthan HC24 May 2024SOSA/34/2024

Case brief

AI extract

What is this about?

Convict under appeal for Section 304 Part-II IPC offence, having served three years of a ten-year sentence, sought suspension of sentence. Court allowed suspension pending appeal disposal on personal bond with two sureties and fine deposit.

What did the court decide?

Sentence suspended till disposal of the appeal; release on Rs.1,00,000/- personal bond with two sureties of Rs.50,000/- each after deposit of fine.

Ravi @ Dibba S/O Moolchand Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 34/2024

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S.B. Criminal Appeal No. 511/2023

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Ravi @ Dibba S/o Moolchand, aged about 34 Years, R/o Dhaulkheda, P.S Mandavar Distt. Dausa (Accused in Distt. Jail Dausa

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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) : Mr. R.R.Goyal For Respondent(s) : Mr. Imran Khan-PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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24/05/2024

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Counsel for the appellant submits that there is no previous enmity between the appellant and the deceased and quarrel took place all of a sudden, at the spur of moment, wherein the deceased has sustained injuries on testicles. Counsel submits that there is no visible injury on the person of the deceased and the appellant has been found guilty for committing offence under Section 304 Part-II IPC and he has been sentenced to undergo ten years imprisonment, out of which he has already served the substantive sentence of three years. Counsel further submits that hearing and disposal of the appeal is bound to take time, therefore, the sentence of the appellant be suspended till disposal of the appeal.

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[SOSA-34/2024]

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(2 of 3)

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Per contra, learned Public Prosecutor has opposed the suspension of sentence application.

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

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Considering the arguments put forward by learned counsel for the appellant and looking to the fact that the deceased has not sustained any visible injury on any of the part of his body and the cause of death of the deceased is cardiac inhibition due to injury on the genital organs and also looking to the fact that out of total sentence of ten years, the appellant has already served the substantial sentence of three years and hearing and 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 sentence awarded to the accused-appellant.

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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 Additional Sessions Judge, Mehwa, District Dausa vide judgment dated 21.02.2023 in Session Case No.202/2020 against the appellant Ravi @ Dibba S/o Moolchand, 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 25.06.2024 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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(3 of 3)

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[SOSA-34/2024]

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That he shall 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 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.

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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 a 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-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.

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(ANOOP KUMAR DHAND),J

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Ashu/27

Ravi @ Dibba S/O Moolchand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ravi @ Dibba S/O Moolchand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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