Rajasthan High Court
Ramkumar S/O Late Purnaram vs State Of Rajasthan on 17 August, 2021
Bench: Sandeep Mehta, Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No. 968/2020
in
D.B. Criminal Appeal No. 214/2020
Ramkumar S/o Late Purnaram
----Appellant
Versus
State of Rajasthan through Public Prosecutor
----Respondent
Connected With
S.B. Criminal Misc. Suspension of Sentence Application
No. 336/2021
in
S.B. Criminal Appeal No. 1641/2020
Babli W/o Nanu Ram, R/o Siwa, Police Station Ladnun, Distt.
Nagaur (Raj.)
(At present in Central Jail, Jaipur)
----Appellant
Versus
State of Rajasthan through P.P.
----Respondent
For Appellant(s) : Mr. Swadeep Singh Hora for appellant
- Ramkumar
Pt. Mr. Shri Ram Joshi for appellant -
Babli
For Respondent(s) : Ms. Alka Bhatnagar, Public Prosecutor
(2 of 4) [SOSA-968/2020 in CRLA-214/2020
SOSA-336/2021 in CRLA- 1641/2020]
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
17/08/2021
D.B. Cr. Suspension of Sentence Application No. 968/2020
Registry is directed to prepare a mini paper book and supply
a copy thereof to learned counsel for the appellant as well as
learned Public Prosecutor.
S.B. Cr. Misc. Suspension of Sentence Application No.
336/2021
in
S.B. Criminal Appeal No. 1641/2020
Though, the matter pertains to jurisdiction of Single Bench
but today, it is listed in Division Bench as being a connected
matter. At the request of learned counsel for the appellant, the
matter is heard by the Division Bench.
This appeal preferred on behalf of the appellant - Babli is
delayed by 260 days. The accused is in custody from 13.12.2018.
Thus, we deem it fit to exercise suo moto powers and condone the
delay occasioned in filing the appeal.
The application (CMCR No. 519/2020) is, accordingly,
allowed.
The appeal is admitted.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
(3 of 4) [SOSA-968/2020 in CRLA-214/2020
SOSA-336/2021 in CRLA- 1641/2020]
Heard learned counsel for the appellant and learned Public
Prosecutor on application for SOS. Perused the impugned
judgment and the material available on record.
This application for SOS has been filed on behalf of the
accused-appellant, who has been convicted and sentenced as
below vide judgment dated 27.11.2019 passed by the Additional
Sessions Judge No. 4, Sikar in Sessions Case No. 39/2019 :-
Offence Sentences Fine Fine Default
sentences
Section 201 r/w Sec. 04 years' SI Rs.10,000/- 01 month's SI
34 IPC
The accused-appellant herein is in custody for nearly 03
years. Hearing of the appeal is likely to consume time.
In this background, we deem it proper to suspend the
sentences awarded to the accused-appellant during pendency of
the appeal.
Accordingly, the instant application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by the learned Additional
Sessions Judge No. 4, Sikar vide judgment dated 27.11.2019 in
Sessions Case No. 39/2019 against the accused-appellant - Babli
wife of Nanu Ram, shall remain suspended till final disposal of
the aforesaid appeal and she shall be released on bail, provided
she 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 her appearance in this court on 18.09.2021 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
(4 of 4) [SOSA-968/2020 in CRLA-214/2020
SOSA-336/2021 in CRLA- 1641/2020]
1. That he/she/they will appear before the trial Court
in the month of January of every year till the appeal is
decided.
2. That if the appellant(s) changes the place of
residence, he/she/they will give in writing
his/her/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.
The learned trial Court shall keep the record of attendance of
the accused-appellant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellant(s) was/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 appellant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(RAMESHWAR VYAS),J (SANDEEP MEHTA),J
RAHUL ARYA/INDER NEBHWANI/9-10
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