A convicted appellant who jumped bail in 2020 sought a third suspension of sentence under Section 389 CrPC. The court granted one more opportunity, suspending his sentence till disposal of the appeal subject to bond, sureties and attendance conditions.
Sentence suspended till appeal disposal; personal bond Rs.1,00,000 with two sureties of Rs.50,000 each.
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[2024:RJ-JD:8373-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 534/2023
Santosh S/o Shri Chuna, Aged About 32 Years, B/c Kalbaliya R/o Bhato Ka Bamniya Ps Kapasan Dist. Chittorgarh (At Present Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Kalu Ram Bhati with |
|---|---|---|
| Mr. | Naresh Charniya | |
| For Respondent(s) | : Mr. |
Mukesh Trivedi,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
16/02/2024
Heard learned counsel for the appellant, learned Public Prosecutor and also perused the material available on record.
The appellant has been arrested in connection with FIR No.13/2012 of Police Station Railmagara. He has preferred this third suspension of sentence application under Section 389 Cr.P.C. Earlier the second application for suspension of sentence is hereby dismissed vide order dated 13.12.2022.
Counsel for the appellant submits that earlier the sentence was suspended but the appellant jumped the bail in the year 2020. Now the appellant is in judicial custody since 21.10.2022. Counsel further assures this Court that in future, the appellant will remain present on each and every date before the trial court and
[2024:RJ-JD:8373-DB]
[SOSA-534/2023]
(2 of 3)
if he again jumps the bail then the indulgence of bail may not be extended to the appellant.
Learned Public Prosecutor has opposed the bail application. Looking to the facts and circumstances of the case, We deem it just and proper to grant one more opportunity to the appellant subject to the condition that he will appear before the tiral court on each and every date, failing which Public Prosecutor may file application for cancellation of suspension of sentence.
Accordingly, the third application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Addl. Sessions Judge Rajsamand, vide judgment dated 18.07.2014 in Sessions Case No.65/2013 against the appellant-applicant Santosh S/o Shri Chuna shall suspended till final disposal of the aforesaid appeal 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 Judge for his appearance in this court on 20.03.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
(3 of 3)
[2024:RJ-JD:8373-DB]
[SOSA-534/2023]
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 court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MADAN GOPAL VYAS),J
(MANOJ KUMAR GARG),J
7-Ishan/-
1 issue framed by the court
Whether a third suspension of sentence should be granted to a convicted appellant who had earlier jumped bail?
1 provisions across 1 enactments
Santosh S/o Shri Chuna
State Of Rajasthan, Through Pp
Manoj Kumar Garg
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
