Rajasthan High Court - Jodhpur
Ramla vs State Of Rajasthan (2023:Rj-Jd:41723) on 2 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:41723]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1116/2023
1. Ramla S/o Dhula Meena, Aged About 64 Years, R/o
Jambuda Talai, P.s. Gingla, Dist. Udaipur. (At Present
Lodged In Central Jail, Udaipur).
2. Homa S/o Rata Meena, Aged About 34 Years, R/o
Jambuda Talai, P.s. Gingla, Dist. Udaipur. (At Present
Lodged In Central Jail, Udaipur).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Love Jain
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Jaipal Singh
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 02/12/2023 Heard learned counsel for the parties and perused the material available on record.
Counsel for the appellants has submitted that compromise has arrived between the parties and the same has been concurred by learned counsel for the complainant.
Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case including the fact that appellants were on bail during trial and compromise has arrived between the parties, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the appellants.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C is allowed and it is ordered that the (Downloaded on 02/12/2023 at 08:44:31 PM) [2023:RJ-JD:41723] (2 of 3) [SOSA-1116/2023] sentence passed by the learned Special Judge, SC/ST (Prevention of Atrocities), Udaipur in Special Sessions Case No.17/2020 vide judgment dated 28.08.2023 against the appellants (1) Ramla S/o Dhula Meena & (2) Homa S/o Rata Meena shall remain suspended till final disposal of the aforesaid appeal subject to depositing the 50% fine amount as imposed by the learned trial Court, provided they execute personal bond in the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 03.01.2024 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-
1. That thet will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the appellants change the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.
4. The appellants shall deposit 50% fine amount as imposed by the trial court.
The learned trial Court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellants 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-appellants do not appear before the trial court, the (Downloaded on 02/12/2023 at 08:44:31 PM) [2023:RJ-JD:41723] (3 of 3) [SOSA-1116/2023] learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MANOJ KUMAR GARG),J 125-raksha/-
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