HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. III Suspension Of Sentence Application (Appeal) No. 1072/2022 In S.B. Criminal Appeal No.355/2020 Sunny S/o Shri Kalu Ram, Aged About 29 Years, R/o Ward No. 19, Tehsil Bhadara, District Hanumangarh, Rajasthan.
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Anil Bidan Halu For Respondent(s) : Mr. Shrawan Bishnoi, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 06/01/2023 This is third suspension of sentence application under Section 389 Cr.P.C. The second suspension of sentence application of the appellant was dismissed vide order dt. 12.07.2022.
Learned counsel for the appellant submits that appellant has been convicted for offence under Sections 498-A & 304-B of IPC and awarded sentence to 07 years' rigorous imprisonment. It is submitted that now appellant has served about 6 years and six months imprisonment out of total sentence of 07 years. The appellant is in judicial custody and hearing of the appeal is likely to take a long time. Therefore, the sentence awarded to the appellant may be suspended.
Per contra, learned Public Prosecutor has opposed the prayer of the appellant but submitted that accused-appellant has served (Downloaded on 06/01/2023 at 09:36:56 PM) (2 of 3) [SOSA-1072/2022] about 6 years and six months of imprisonment out of total imprisonment.
Having regard to the facts and circumstances of the case so also the fact that the appellant has already served about 06 years and six months imprisonment out of the total sentence of 07 years and the appeal preferred by the appellant against the impugned judgment is not likely to be heard in near future, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.
Accordingly, this third application for suspension of sentence under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Additional Sessions Judge, Bhadara, Hanumangarh vide judgment dated 22.01.2020 in Session Case No.12/2017 against accused-appellant Sunny S/o Shri Kalu Ram shall remain suspended till final disposal of the aforesaid appeal subject to depositing the fine amount. The appellant shall be released on bail provided he executes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 08.02.2023 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, they will give in writing their changed address to the trial Court.
4. The appellant shall deposit fine amount as
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imposed by 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.
(MANOJ KUMAR GARG),J 237-raksha/-(Downloaded on 06/01/2023 at 09:36:56 PM)
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