D.B. criminal application by life convict seeking suspension of sentence pending appeal. Court granted bail and suspended sentence after accounting for seven years served and pending appeal timeline.
Sentence suspended and accused released on bail on furnishing a personal bond of Rs. 1,00,000/- and sureties of Rs. 50,000/- to Trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:9791-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Criminal Misc Suspension Of Sentence Application No. 801/2021
In
D.B. Criminal Appeal No.117 of 2021
Dharmendra Son Of Shri Surajmal, Aged About 30 Years, Resident Of Near Railway Phatak, Mangaliyawas, District Ajmer, At Present Indra Nagar, Masuda Road, Beawar, District Ajmer (Raj.) (At Present Accused Petitioner Confined In Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
| For Petitioner(s) | : Mr. |
Vinay Pal | Yadav |
|---|---|---|---|
| For Respondent(s) | : Mr. |
Prashant | Sharma, Dy. GA |
HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
27/02/2024
[2024:RJ-JP:9791-DB]
[SOSA-801/2021]
(2 of 4)
under Section 302 of the Indian Penal Code, 1860. Counsel further submits that marriage of the petitioner was solemnized with the deceased in the year 2006 and the deceased committed suicide after more than ten years of marriage by pouring kerosene on her. Counsel further submits that when the accused-applicant tried to save her, he also sustained burn injuries on his both hands. Counsel further submits that the accused-applicant has served the sentence for a period of seven years and eight months and hearing of appeal may take long time and prayed that the sentence awarded to the applicant may be suspended and he be released on bail during the pendency of the appeal. 4. Counsel for the applicant relied upon the judgment passed by the Hon’ble Supreme Court in the matter of Ranjeet Raut Vs. State of GNCT Delhi (Special Leave Petition (Criminal) Diary
No.(s). 22968/2020 which is held as under:-
“The petitioner was convicted under Section 302 IPC and sentenced to undergo imprisonment for life.
The appeal filed by the petitioner before the High Court is pending. An application was moved by the petitioner before the High Court for suspension of sentence which was rejected. Aggrieved thereby, the petitioner is before this Court.
We are informed by learned counsel for the petitioner that the petitioner has undergone sentence of 7 years and 4 months. Learned counsel for the petitioner submitted that there is no likelihood of the appeal being decided soon.
The learned counsel for the State submitted that the evidence of PWs 1 and 2, which was accepted by the trial court shows that the petitioner has committed a grave offence under Section 302. He
(3 of 4)
[2024:RJ-JP:9791-DB]
[SOSA-801/2021]
requested this Court to permit the petitioner to renew his application for suspension of sentence after some time or direct the appeal to be heard.
We are not inclined to give any direction to the High Court to dispose of the appeal out of turn.
Taken into account the fact that the petitioner has undergone sentence of more than 7 years, we deem it fit and proper to grant his prayer for suspension of sentence.
The petitioner is directed to be released on bail subject to the satisfaction of the trial court.
The special leave petition is disposed of. Pending application(s), if any, shall also stand disposed of.”
Dharmendra Son Of Shri Surajmal in Sessions Case No.84/2016 shall remain suspended and he shall be released on bail if he furnishes a personal bond of Rs.1,00,000/- along with
(4 of 4)
[SOSA-801/2021]
[2024:RJ-JP:9791-DB]
two sureties of Rs.50,000/- to the satisfaction of the learned Trial Court to the effect that he shall appear before this Court on 20.04.2024.
(ASHUTOSH KUMAR),J
(INDERJEET SINGH),J
Sumit/25
2 issues framed by the court
Whether the sentence of life imprisonment should be suspended and the accused released on bail during the pendency of the appeal when he has served nearly eight years.
Whether the accused, despite holding up the case by not appearing in court for seven to eight years, is eligible for suspension of sentence.
Colour shows how this judgement treated each authority
Ranjeet Raut Vs. State of GNCT DelhiReferred¶21
Ranjeet Raut Vs. State of GNCT Delhi (Special Leave Petition (Criminal) Diary No.(s). 22968/2020
3 provisions across 2 enactments
Dharmendra Son Of Shri Surajmal
State Of Rajasthan
Inderjeet Singh
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
