Rajasthan High Court - Jodhpur
Sunil @ Sonu vs State Of Rajasthan on 2 December, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 760/2021
IN
S.B. Criminal Appeal No. 1131/2021
Sunil @ Sonu S/o Satya Narain Parashar, Aged About 20 Years,
R/o Aivara, Gendoli Police Station, Distt. Bundi.
(Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Tirath Raj Singh Sodha
For Respondent(s) : Mr. Gaurav Singh, P.P
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
02/12/2021
The applicant herein stands convicted and sentenced vide
judgment dated 09.11.2021 passed by learned Additional Sessions
Judge, Shahpura, District Bhilwara in Sessions Case No.08/2017
as under:-
Offence Sentence Fine Fine Default
sentences
Section 307 IPC 5 Years' R.I. Rs.10,000/- 1 Month S.I.
Section 452 IPC 2 Years' R.I. Rs.5000/- 15 Days S.I.
Section 324 IPC 1 Year S.I. - -
Learned counsel for the applicant submits that applicant was
on bail during trial; as per medical report available on record there
(2 of 3) [SOSA-760/2021]
is one injury sustained by the injured Sunita which has not been
found dangerous to life; no other criminal case is pending against
the applicant; applicant is below 21 years of age; marriage of real
brother of the applicant is scheduled on 06.12.2021; offence
under Section 307 IPC is not made out against the applicant. In
the above circumstances, learned counsel for the applicant prays
to allow this application seeking suspension of sentence passed by
the learned trial Court.
Learned Public Prosecutor opposes the application seeking
suspension of sentence.
Having regard to the submissions of the learned counsel for
the parties and after perusal of the record in the facts and
circumstances of the case, this Court deems it to be a fit case to
suspend the sentences awarded by the learned trial Court.
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, Shahpura, District Bhilwara vide judgment dated
09.11.2021 in Sessions Case No.08/2017 against applicant Sunil
@ Sonu S/o Satya Narain Parashar 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 learned trial Judge for his appearance in this
court on 10.01.2022 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That applicant 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
(3 of 3) [SOSA-760/2021]
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-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
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(RAMESHWAR VYAS),J
38-rahul arya/-
Powered by TCPDF (www.tcpdf.org)
