Allowed

Lichmidevi v. State of Rajasthan

Rajasthan HC3 Apr 2024SOSA/341/2024

Case brief

AI extract

What is this about?

High Court of Rajasthan suspended the substantive sentence of the convicted appellant pending the disposal of her appeal. The court imposed conditions including depositing 50% of the fine, executing a personal bond, appearing before the trial court annually, and notifying address changes.

What did the court decide?

Substantive sentence suspended pending appeal upon deposit of 50% fine, execution of bond with sureties, and adherence to specified attendance and notification conditions.

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

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[2024:RJ-JD:14691]

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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. 341/2024

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Lichmidevi D/o Chanduram, Aged About 25 Years, R/o Shrinagar Reserve Centre, Hanumangarh Town, District Hanumangarh. (At Present Confined In District Jail Hanumangarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Balwant S/o Hukmaram, Aged About 36 Years, R/o 2 TKW, Goluwala, District Hanumangarh.

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----Respondents

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For Petitioner(s) : Mr. Anil Bidan Halu 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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03/04/2024

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Heard learned counsel for the appellant and learned Public Prosecutor.

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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, including the fact that the appellant was on bail during the trial and hearing of the appeal will take sufficient long time to be concluded, 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 substantive sentence passed by the learned Additional Session Judge No.1, Hanumangarh, vide judgment dated 01.03.2024 in Sessions Case No.10/2023 (CIS No.38/2023) against the appellant-applicant

[2024:RJ-JD:14691]

[SOSA-341/2024]

(2 of 2)

Lichmidevi D/o Chanduram 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 she shall be released on bail, provided she 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 her appearance in this court on 13.05.2024 and whenever ordered to do

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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 50% of the 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 accusedapplicant(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 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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404-MS/-

Lichmidevi v. State of Rajasthan

Case brief

What is this about?

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Lichmidevi v. State of Rajasthan

Case brief

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