Allowed

Vinod v. State of Rajasthan

Rajasthan HC20 Apr 2024SOSA/354/2024

Case brief

AI extract

What is this about?

Single judge order allowed suspension of sentence applications filed by two convicts under CrPC Section 389, directing deposit of 50% fine, release on bail, and attendance at trial court during January each year pending appeal disposal.

What did the court decide?

Substantive sentence suspended pending appeal; appellants released on bail subject to 50% fine deposit and personal bond; required to appear at trial court in January annually.

Vinod Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JD:17152]

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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. 353/2024

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Kayum Khan S/o Shri Mukram Khan, Aged About 31 Years, R/o Kajlikheda, Ps Rathanjana, Dist Pratapgarh, Raj. (Lodged In Central Jail Udaipur)

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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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Connected With

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal)

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No. 354/2024

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Vinod S/o Shri Karulal, Aged About 30 Years, R/o Ugraan, Ps Jeran, Dist Neemuch, Mp. (Lodged In Dist Jail, Pratapgarh)

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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. Vijay Kumar Gaur Mr. Ramesh 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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20/04/2024

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Heard learned counsel for the appellants and learned Public Prosecutor.

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Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case including the facts that the appellants were on bail during the trial and hearing of the appeals will take sufficient long time, this

[2024:RJ-JD:17152]

[SOSA-353/2024]

(2 of 3)

court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellants.

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Accordingly, both the applications for suspension of sentence filed under Section 389 Cr.P.C. are allowed and it is ordered that the substantive sentence passed by the learned Special Judge, NDPS Cases, Pratapgarh, vide judgment dated 07.03.2024 in Special Session Case No.07/2021 against the appellants-applicants (1) Kayum Khan S/o Shri Mukram Khan & (2) Vinod S/o Shri Karulal shall remain suspended till final disposal of the aforesaid appeals subject to the condition that the appellants shall deposit 50% of the fine amount as imposed by the learned trial Court and they shall be released on bail, provided each of them executes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 27.05.2024 and whenever ordered to do so till the disposal

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of the appeals 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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Appellants 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

[2024:RJ-JD:17152]

[SOSA-353/2024]

(3 of 3)

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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174 & 175-MS/-

Vinod v. State of Rajasthan

Case brief

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Vinod v. State of Rajasthan

Case brief

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