Fula @ Fulchand vs State Of Rajasthan-State
2021 Latest Caselaw 10580 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 385/2021

Fula @ Fulchand S/o Sh. Nanji Gameti, Aged About 42 Years, By Caste Gameti, R/o Mundavali, P.s. Jhadole, District Udaipur (Raj.) (At Present Lodged In Central Jail, Udaipur)

----Petitioner Versus State Of Rajasthan-State, Through PP

----Respondent

For Petitioner(s) : Mr. Vivek Sharma For Respondent(s) : Mr. N.S. Bhati, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

12/07/2021

The instant application for suspension of sentences under

Section 389 Cr.P.C. has been preferred by appellant-applicant Fula

@ Fulchand S/o Shri Nanji Gameti who has been convicted and

sentenced as below vide judgment dated 14.08.2019 passed by

learned Addl. Sessions Judge No.5, Udaipur in Sessions Case

No.148/2016:

Offence   Under Imprisonment                   Fine               Sentence        in
Section                                                           default of fine
302 IPC             Life Imprisonment Rs.10,000/- 3 months'                    SI

We have heard and considered the submissions advanced by

Shri Vivek Sharma, Advocate representing the appellant-applicant

(2 of 3) [SOSA-385/2021]

and learned Public Prosecutor and have gone through the

impugned judgment and the record.

The appellant was granted bail by this Court vide order dated

29.01.2020 passed in D.B. Criminal Misc. SOS Application

(Appeal) No.1219/2019. He failed to appear before this Court on

02.03.2020 in terms of the order of SOS and thus, warrant of

arrest was issued against the applicant-appellant. The warrant was

executed on 26.11.2020 and since then, he is custody.

It is mentioned in the application that after being granted

bail, the applicant-appellant had gone to Telangana for earning his

livelihood. In the meantime, Covid pandemic struck and lockdowns

were imposed all over the country due to which the appellant

could not return to Rajasthan for marking his attendance in this

case.

The reasons projected in the application for the appellant's

absence seem justified and hence, the application for suspension

of sentences deserves to be accepted. 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

learned Addl. Sessions Judge No.5, Udaipur vide judgment dated

14.08.2019 in Sessions Case No.148/2016 (CIS No.345/2016)

against the appellant-applicant Fula @ Fulchand S/o Shri Nanji

Gameti shall remain suspended till final disposal of the aforesaid

appeal and he shall be released on bail subject to the condition

that he shall furnish 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 16.08.2021 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

(3 of 3) [SOSA-385/2021]

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 applicant(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-applicant(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-applicant(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 applicant(s) does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J 43-Sudhir Asopa/-

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