Citation : 2021 Latest Caselaw 17213 Raj
Judgement Date : 17 November, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 456/2021
Kalu Singh S/o Sh. Bheru Singh, Aged About 25 Years, Amod, P.s. Phalasiya, District Udaipur. (Presently Lodged In Central Jail, Udaipur).
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Kaluram Bhati For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN
Order
17/11/2021
Heard learned counsel for the applicant-appellant and
learned Public Prosecutor. Perused the material available on
record.
The instant application for suspension of sentences under
Section 389 Cr.P.C. has been filed on behalf of the appellant-
applicant Kalu Singh who has been convicted and sentenced as
below vide the judgment dated 20.08.2020 passed by learned
Addl. Sessions Judge No.3, Udaipur in Sessions Case
No.316/2016:-
Offence Sentences Fine Fine Default
Sentences
302/34 IPC Life Rs.20,000/- 6 Months' Additional
Imprisonment S.I.
201/34 IPC 3 Years' RI Rs.3,000/- 15 Days' Additional
S.I.
(Both the sentences were ordered to run concurrently.)
(2 of 2) [SOSA-456/2021]
A perusal of the order-sheets of the trial court indicates that
the appellant was twice absconded after having been granted bail
and remained at large for prolonged periods.
In this background, it is apparent that the appellant has
propensity of absconding if released on bail. The conduct of the
appellant in not complying with the conditions of bail, dis-entitles
him from any indulgence on the aspect of grant of bail during
pendency of the appeal.
Hence, the instant application for suspension of sentences is
rejected as being devoid of merit. The appellant shall be at liberty
to renew the prayer for bail after two years.
(SAMEER JAIN),J (SANDEEP MEHTA),J
27-/Devesh/-
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