HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Appeal No. 821/2022 Mahaveer Singh S/o Shri Piyare Lal, aged about 68 years, B/c Jat, R/o Village Godavali, P.S. Nandbai, District Bharatpur at present House No. 6, Narottam Kunj, Madhav Nagar, Agra (U.P.)
----Appellant Versus State of Rajasthan
----Respondent For Appellant(s) : Mr. R.K. Sharma assisted by Mr. Shashank Ratnu & Mr. Dhanraj Vaishnav For Respondent(s) : Mr. S.S. Rajpurohit, Dy.G.C. HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION JUDGE) Order 17/06/2022 Admit.
Call for the record.
Heard learned counsel for the parties on the application seeking suspension of sentence.
The appellant has been convicted and sentenced as below vide Judgment dated 18.05.2022 passed by Special Judge, P.C. Act Cases No. 1, Jodhpur in Sessions Case No. 15/2010 :-
Offence Sentence Fine Default
U/s 13(1)(d) 3 years R.I. Rs. 1,000/- 6 months S.I.
r/w 13(2) of PC
Act
U/s 420 IPC 3 years R.I. Rs. 1,000/- 6 months S.I.
U/s 409 IPC 3 years R.I. Rs. 1,000/- 6 months S.I.
U/s 467 IPC 3 years R.I. Rs. 1,000/- 6 months S.I.
U/s 468 IPC 3 years R.I. Rs. 1,000/- 6 months S.I.
(Downloaded on 17/06/2022 at 08:02:17 PM)
(2 of 3) [CRLAS-821/2022]
U/s 471 IPC 1 year R.I. Rs. 500/- 3 months S.I.
U/s 120-B IPC 1-1/2 years RI Rs. 500/- 3 months S.I.
The appellant has moved this application under Section 389 of Cr.P.C. seeking suspension of sentences awarded to him by the trial court.
Learned Public Prosecutor has not chosen to file reply to the application for suspension of sentences and proposes to argue the matter orally.
Heard learned counsel for the appellant and learned Public Prosecutor and perused impugned judgment.
Learned counsel for the appellant submits that appellant was on bail during trial. He is not of criminal background. There is bleak possibility of hearing of the appeal in near future. In the above circumstances, he prays to allow this application for suspension of sentences.
On the other hand, learned Public Prosecutor has opposed the application for suspension of sentences.
Having regard to the submissions made at the Bar and after perusal of the record, this Court is inclined to accept the application for suspension of sentences and to release the appellant on bail during pendency of the appeal.
Accordingly, application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that sentences passed by the Special Judge, P.C. Act Cases No. 1, Jodhpur vide Judgment dated 18.05.2022 in Sessions Case No. 15/2010 against the appellant-applicant - Mahaveer Singh S/o Piyare Lal, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he (Downloaded on 17/06/2022 at 08:02:17 PM) (3 of 3) [CRLAS-821/2022] executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Judge for his appearance in this Court on 28.07.2022 and whenever ordered to do so till disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
The trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant 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 accused applicant does not appear before the trial court, the trial Judge shall report the matter to the High Court for cancellation of bail.
(RAMESHWAR VYAS), VJ 66-Inder/-
(Downloaded on 17/06/2022 at 08:02:17 PM) Powered by TCPDF (www.tcpdf.org)