Rajasthan High Court - Jodhpur
Ramesh Chandra vs State Of Rajasthan on 1 December, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Misc. Suspension of Sentence Application
(Appeal) No. 660/2021
Ramesh Chandra S/o Deva Meena, aged about 32 years, R/o
Jalpaka Phala Nichla, Police Station Kherwada, District Udaipur
(At present lodged in Central Jail, Udaipur).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Gaurav Singh, Public Prosecutor
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
01/12/2021
The petitioner has been convicted and sentenced as below
vide Judgment dated 15.09.2021 passed by Additional Sessions
Judge, Kherwara, District Udaipur in Sessions Case No. 64/2016
(C.I.S. No. 64/2016) :-
Offence Sentences Fine Fine Default
sentences
u/s 201 IPC 7 years RI Rs.5,000/- 1 year SI
The petitioner has moved this application under Section 389
Cr.P.C. seeking suspension of sentences awarded to him by the
trial court.
Learned Public Prosecutor has not chosen to file reply to the
application for suspension of sentences and proposes to argue the
matter orally.
(2 of 3) [SOSA-660/2021]
Heard learned counsel for the petitioner and learned Public
Prosecutor and perused impugned judgment and original record of
the case.
Learned counsel for the petitioner submits that the offence
under Section 201 of I.P.C. is bailable. The petitioner has been
awarded maximum punishment of 7 years provided under Section
201 of I.P.C. He further submits that the petitioner was on bail
during trial. There is no chances that hearing of the appeal may
take place in near future. In the above circumstances, he prays to
allow this application for suspension of sentences.
On the other hand, learned Public Prosecutor has opposed
the application for suspension of sentences.
Having regard to the rival submissions and after perusal of
the record as also considering the facts and circumstances of the
case more particularly the fact that the petitioner was on bail
during trial, this Court is inclined to accept the application for
suspension of sentences and to release the petitioner on bail
during the pendency of the appeal.
Accordingly, this application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the Additional Sessions Judge, Kherwara,
District Udaipur vide Judgment dated 15.09.2021 in Sessions Case
No. 64/2016 (C.I.S. No. 64/2016) against the petitioner-applicant
- Ramesh Chandra S/o Deva Meena, shall remain suspended
till final disposal of the aforesaid appeal and he shall be released
on bail, provided he executes a personal bond in the sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the trial Judge for his appearance in this Court on
(3 of 3) [SOSA-660/2021]
27.01.2022 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 applicant 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(s),
they will give in writing their changed address to
the trial Court.
The trial Court shall keep the record of attendance of the
accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant 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 applicant does not appear before the trial court, the trial
Judge shall report the matter to the High Court for cancellation of
bail.
(RAMESHWAR VYAS),J
60-Inder/-
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