HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal III Misc Suspension Of Sentence Application (Appeal) No. 646/2021 In D.B.Criminal Appeal No. 188/2019 Rajesh S/o Thawra Katara, Aged About 47 Years, By Caste Meena, R/o Khaparda, Dungarpur Kotwali Police Station, District Dungarpur (Lodged In Central Jail, Udaipur)
----Petitioner Versus State Of Rajasthan-State, Through PP
----Respondent For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. B.R.Bishnoi, P.P.
Mr. Manoj Pareek HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI Order 09/09/2022 Heard learned counsel for the parties on suspension of sentence application. Perused the record.
Learned counsel for the appellant has submitted that the trial court has erred in convicting and sentencing the accused appellant for the offences punishable under Sections 326 and 307 IPC. It is submitted that the allegation against the appellant is that he inflicted an injury on the head of the injured. Learned counsel has submitted that as a matter of fact such injury was not caused by the appellant and the said allegation is false. Learned counsel has further submitted that the appellant is ready to pay adequate (Downloaded on 09/09/2022 at 09:39:39 PM) (2 of 3) [SOSA-646/2021] compensation to the injured to the tune of Rs.50,000/-.
Learned Public Prosecutor as well as the counsel appearing for the injured opposed the application for suspension of sentence.
Having heard learned counsel for the parties and after taking into consideration the totality of facts and circumstances of the case, we consider it just and proper to suspend the substantive sentence awarded to the accused appellant.
Accordingly, this suspension of sentence application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 26.6.2019 in Sessions Case No.126/2017 against appellant Rajesh shall remain suspended till final disposal of the aforesaid appeal, provided the appellant deposits an amount of Rs. 50,000/- with the trial court and executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 11.10.2022 and whenever ordered to do so, till the 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 appellant 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, (Downloaded on 09/09/2022 at 09:39:39 PM) (3 of 3) [SOSA-646/2021] they will give in writing their changed address to the trial Court.
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 accused-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
The amount of Rs. 50,000/- to be deposited by the appellant be disbursed to the injured by the trial court on moving an appropriate application.
(FARJAND ALI),J (VIJAY BISHNOI),J
52-RP/-
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