Rajasthan High Court - Jodhpur
Moti vs State Of Rajasthan on 20 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 664/2021
In
S.B. Criminal Appeal No.976/2021
Moti S/o Shri Somaji, Aged About 30 Years, R/o Sisarwada,
Thandi Beri, P.s. Nana, District Pali.
(At Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Suresh Kumbhat
For Respondent(s) : Mr. Mukhtiyaar Khan, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
20/12/2021
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 Additional Sessions Judge, Bali (for short,
'learned trial Court'), by its verdict dated 16.08.2021. Learned
trial Court, by the aforesaid verdict, punished the applicant-
appellant under Sections 341 and 307 IPC and handed down
maximum sentence of five years' rigorous imprisonment with fine
of Rs.10,000/-and in default of payment of fine to further undergo
sentence for three months' simple imprisonment.
(2 of 3) [SOSA-664/2021]
It is submitted by learned counsel for the applicant-appellant
that during trial appellant was on bail; hearing of the appeal will
take long time, therefore, his sentence may be suspended.
Learned Public Prosecutor does not wish to file reply to the
application for suspension of sentence but vehemently opposed
the application for suspension of sentence and stated that injuries
are found to be grievous in nature; Dr. Mahendra Kumar Dabi
(P.W. 4) has supported the injury report and found that the
injuries are found to be grievous in nature.
In reply, learned counsel for the applicant-appellant stated
that opinion can be given by radiologist, not by MBBS doctor and
the opinion regarding injuries, which are found to be dangerous to
life, has been given on the basis of ex-ray report (Ex.5) and
Doctor admitted that he has not under the course of radiologist.
Having regard to the facts and circumstances of the case and
considering the fact that during trial appellant was on bail;
hearing of the appeal will take long time, 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 Additional Sessions Judge, Bali, vide
(3 of 3) [SOSA-664/2021]
judgment dated 16.08.2021, in Sessions Case No.43/2011 against
appellant-applicant, Moti S/o Shri Somaji, 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 21.01.2022 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-
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
83-Bharti/-
Powered by TCPDF (www.tcpdf.org)
