Rajasthan High Court
Dinesh Son Of Nathu vs State Of Rajasthan on 5 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:37409]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.1458/2024
IN
S.B. Criminal Appeal (Sb) No. 2198/2024
1. Dinesh Son Of Nathu, Resident Of Banetha District Tonk
2. Siyaram Son Of Dayaram, Resident Of Kumhariya Police
Station Chauth Ka Barwada District Sawai Madhopur
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Rajesh Kumar Sain For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/09/2024 Heard learned counsel for the applicants-appellants and learned Public Prosecutor on the application for suspension of sentence.
The applicants-appellants herein have been convicted for offences under Sections 323/34, 325/34 & 308/34 of IPC vide judgment dated 22.08.2024 passed by learned Session Judge, Tonk Rajasthan in Sessions Case No.57/2018 and have been sentenced to maximum punishment of one year.
Learned counsel for the appellants submits that the accused appellants were on bail during trial and they did not misuse the liberty of bail. He further submits that the sentence awarded to (Downloaded on 27/09/2024 at 10:51:34 PM) [2024:RJ-JP:37409] (2 of 3) [CRLAS-2198/2024] the applicants-appellants has already been suspended by the trial court.
Upon a consideration of the arguments advanced on behalf of the appellants 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 sentence awarded to the accused appellants during pendency of the instant appeal.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Session Judge, Tonk Rajasthan vide judgment dated 22.08.2024 in Sessions Case No.57/2018 against the appellants-applicants 1) Dinesh Son Of Nathu, &
2) Siyaram Son Of Dayaram shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them 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 their appearance in this court on 09.10.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicants 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(s), they will give in writing their changed address to the trial Court.(Downloaded on 27/09/2024 at 10:51:34 PM)
[2024:RJ-JP:37409] (3 of 3) [CRLAS-2198/2024] The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicants 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 applicants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /43 (Downloaded on 27/09/2024 at 10:51:34 PM) Powered by TCPDF (www.tcpdf.org)