Dileep vs State Of Rajasthan
2021 Latest Caselaw 18988 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence No.810/2021

in

S.B. Criminal Appeal No. 1211/2021

Dileep S/o Sh. Lalaram Ji, Aged About 28 Years, R/o Sunaro Ka Bera, Kali Beri, Police Thana Soorsagar, Jodhpur.

                                                                    ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Appellant(s)          :     Mr. Ummed Singh
For Respondent(s)         :     Mr. Gaurav Singh, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 14/12/2021

Heard learned counsel for the appellant as well as learned

Public Prosecutor on application for suspension of sentence.

By the instant application under Section 389 Cr.P.C.,

applicant-appellant has craved for suspending the sentence

handed down by Sessions Judge, Jodhpur (for short, 'learned trial

Court'), by its verdict dated 15.11.2021. Learned trial Court, by

the aforesaid verdict, punished the applicant-appellant under

Sections 363 and 366 IPC and handed down maximum sentence

of three years' simple imprisonment with fine of Rs.15,000/-and in

default of payment of fine to further undergo sentence for three

months' simple imprisonment.

It is submitted by learned counsel that applicant-appellant

has been handed down a short sentence of three years. It is

further submitted by learned counsel for the applicant-appellant

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that during trial appellant was on bail, therefore, his sentence may

be suspended.

Learned Public Prosecutor has vehemently opposed the

application for suspension of sentence.

Having regard to the facts and circumstances of the case and

considering the short sentence awarded, I feel inclined to accept

this application for suspension of sentence.

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 Sessions Judge, Jodhpur, vide judgment

dated 15.11.2021, in Sessions Case No.06/2019 against

appellant-applicant, Dileep S/o Sh. Lalaram Ji, 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 17.01.2022 and whenever ordered to do so till disposal

of the appeal, on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January 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 learned trial Court shall keep the record of attendance of

accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

(3 of 3) [CRLAS-1211/2021]

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 purposes 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.

(DEVENDRA KACHHAWAHA),J

151-Bharti/-

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