Allowed

Dhanraj S/O Motilal v. State of Rajasthan

Rajasthan HC27 May 2024SOSA/558/2024

Case brief

AI extract

What is this about?

The High Court allowed a suspension of sentence application by an appellant under Section 389 CrPC, noting the injury to the victim was grievous but not dangerous to life and the appeal disposal would take time. The appellant must deposit the fine and execute a bond.

What did the court decide?

Sentence suspended till final disposal of the appeal; appellant released on bail subject to deposit of fine and execution of personal bond with sureties.

Dhanraj S/O Motilal 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 Suspension of Sentence Application

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No.558/2024

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S.B. Criminal Appeal (SB) No. 664/2024

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Dhanraj S/o Motilal, R/o Debdiya Baniyani Thana Kaithoon District Kota.

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(Presently Accused - Appellant Confined In Central Jail Kota)

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----Appellant

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Appellant(s) : Mr. Buddhi Prakash Meena 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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27/05/2024

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Counsel for the appellant submits that the injured Nand Kishore has sustained one incised wound on his hand and the same was found to be grievous in nature. Counsel submits that the injury sustained by the injured was not dangerous to life and there was no repeated blows on the vital part of the body of the injured. Counsel submits that the appellant was on bail during the course of trial and hearing & disposal of the appeal is bound to take time, so the sentence of the appellant be suspended till disposal of the appeal.

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[CRLAS-664/2024]

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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 and learned Public Prosecutor and perused the material available on record.

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Considering the arguments put forward by the counsel for the appellant and looking to the fact that the injured has sustained only one injury and the same was found to be grievous in nature and not dangerous to life and looking to the fact that hearing & 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 Special Judge, SC/ST Court, Kota vide judgment dated 19.03.2024 in Sessions Case No.30/2015 against the appellant Dhanraj S/o Motilal 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 26.06.2024 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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[CRLAS-664/2024]

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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 accused-appellant 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 accusedappellant 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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KuD/47

Dhanraj S/O Motilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dhanraj S/O Motilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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