Allowed

Deshraj S/O Shri Rajaram, v. State of Rajasthan

Rajasthan HC5 Feb 2024SOSR/74/2024

Case brief

AI extract

What is this about?

This order allows an application for suspension of sentence under Section 397 read with Section 401 Cr.P.C. pending a revision petition. The convicted petitioner is released on bail subject to executing a personal bond and sureties, appearing at trial courts annually, and reporting address changes.

What did the court decide?

Sentences suspended pending revision disposal; petitioner released on bail with Rs.1,00,000/- personal bond, two sureties of Rs.50,000/- each, and conditions on annual appearances and address reportin

Deshraj S/O Shri Rajaram, Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JP:5904]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Suspension of Sentence Application No.74/2024 IN

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S.B. Criminal Revision Petition No. 190/2024

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Deshraj S/o Shri Rajaram, Aged About 30 Years, R/o Pali, Police Station Suroth, Distt. Karauli.

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----Accused-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. Sukhdev Singh Solanki
For Respondent(s)	: Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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05/02/2024

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The petitioner-applicant herein has been convicted and sentenced vide judgment dated 22.01.2024 passed by the learned Additional Sessions Judge No.1, Hindaun City in Criminal Appeal No.164/2015 (112/2013), C.I.S. No.164/2015 as under:-

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Offence Under Section	Imprisonment	Fine	Sentence in default of fine
279 of IPC	Three Months’ S.I.	Rs.1,000/-	Ten days’ S.I.
337 of IPC	Three months’ S.I.	Rs.500/-	Five days’ S.I.
304-A of IPC	Two years’ S.I.	Rs.2,000/-	Fifteen days’ S.I.
3/181 of M.V. Act	----	Rs.3,000/-	Ten days’ S.I.
39/192 of M.V. Act	----	Rs.3,000/-	Ten days’ S.I.
134/187 of M.V. Act	----	Rs.3,000/-	Ten days’ S.I.

(2 of 3)

[2024:RJ-JP:5904]

[CRLR-190/2024]

Heard learned counsel for the petitioner-applicant and learned Public Prosecutor on the application for suspension of sentences.

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Upon a consideration of the arguments advanced on behalf of the petitioner-applicant and having regard to the facts and circumstances as available on the record, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused petitioner-applicant during pendency of the instant revision petition.

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Accordingly, the application for suspension of sentence filed under Section 397 read with Section 401 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge No.1, Hindaun City in Criminal Appeal No.164/2015 (112/2013), C.I.S. No.164/2015 vide judgment dated 22.01.2024 against the petitioner-applicant Deshraj S/o Shri Rajaram , shall remain suspended till final disposal of the aforesaid revsion 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 Judge for his appearance in this court on 07.03.2024 and whenever ordered to do so till the disposal of the revision 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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[2024:RJ-JP:5904]

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[CRLR-190/2024]

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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 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.

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(PRAVEER BHATNAGAR),J

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162-SURAJ KUMAR

Deshraj S/O Shri Rajaram, v. State of Rajasthan

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Deshraj S/O Shri Rajaram, v. State of Rajasthan

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