Allowed

Dilraj S/O Brijmohan v. State of Rajasthan

Rajasthan HC9 Apr 2024SOSA/519/2024

Case brief

AI extract

What is this about?

This Court allowed a suspension of sentence application filed by appellants challenging conviction in Sessions Case No.37/2019. The Court found it a fit case to suspend the sentence awarded by the Additional Sessions Judge, Swaimadhopur, until the final disposal of the criminal appeal.

What did the court decide?

Sentence awarded by Additional Sessions Judge is suspended till final disposal of appeal; appellants released on bail subject to fine deposit and bond execution.

Dilraj S/O Brijmohan 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

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No.519/2024

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S.B. Criminal Appeal (Sb) No. 627/2024

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Dilraj S/o Brijmohan, Aged About 29 Years,

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Satyanarayan S/o Brijmohan, Aged About 25 Years, Both are R/o Shesha P.s. Malarna Dungar, District Sawaimadhopur.

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(At Present Confined In District Jail Sawaimadhopur)

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----Appellants

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Versus

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State of Rajasthan, Through Public Prosecutor

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----Respondent

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For Appellant(s) : Mr. Mohar Pal Meena For Respondent(s) : Mr. Mahendra Meena, PP Mr. Veerendra Singh

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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09/04/2024

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Counsel for the appellants submits that the maximum sentence awarded to the appellants is four years and they were on bail during the course of trial. Counsel submits that the disposal of the appeal is bound to take time, so the sentence of the appellants be suspended till disposal of the appeal.

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Per contra, learned Public Prosecutor as well as counsel for the complainant opposed the suspension of sentence application.

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[519SOSA2024 in CRLAS627/2024]

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(2 of 3)

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

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Considering the arguments put forward by the counsel for the appellants and looking to the fact that the maximum sentence awarded to the appellants is four years and they were on bail during the course of trial and looking to the fact that 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 accusedappellants.

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Accordingly, the application for suspension of sentence filed by the applicants under Section 389 Cr.P.C. is allowed and the sentence awarded by the Court of Additional Sessions Judge, Swaimadhopur vide judgment dated 16.03.2024 in Sessions Case No.37/2019 against the appellants Dilraj S/o Brijmohan and Satyanarayan S/o Brijmohan shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellants shall deposit the fine amount, as imposed by the Trial Court and they shall be released on bail provided each of them execute 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 10.05.2024 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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[519SOSA2024 in CRLAS627/2024]

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(3 of 3)

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That they 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 applicants change the place of residence and mobile number, they will give in writing their 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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Appellants 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-appellants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellants 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 accusedappellants do 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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KuD/24

Dilraj S/O Brijmohan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dilraj S/O Brijmohan v. State of Rajasthan

Case brief

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What did the court decide?

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