Rajasthan High Court - Jodhpur
Mukesh Budaniya vs State Of Rajasthan on 25 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 606/2021
1. Mukesh Budaniya S/o Rajpal Budaniya, Aged About 30
Years, R/o Ludi Jhabar, P.S. Rajgarh, Dist. Churu.
(Presently Lodged In Central Jail, Bikaner).
2. Sachin Kumar S/o Surendra Kumar, Aged About 28 Years,
R/o Bohal, P.s. Buwani Kheda, Dist. Bhiwani, Hariyana.
(Presently Lodged In Central Jail, Bikaner).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate
assisted by Ms. Sampati Choudhary
For Respondent(s) : Mr. Budharam Bishnoi, PP with
Mr. Avinash Godara
Mr. Suresh Kumbhat, for complainant
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
25/10/2021
Heard learned counsel for the appellant as well as learned
Public Prosecutor and counsel for the complainant.
Learned counsel for the appellant submits that the similarly
situated co-accused Shrawan Kumar has already been granted bail
by this Court and the case of the present appellant is similar to
that co-accused. Counsel further submits that no recovery
whatsoever about articles as well as weapon was recovered from
the possession of the present appellant. Therefore, the sentence
of the appellant may kindly be suspended.
(2 of 3) [SOSA-606/2021]
Per contra learned Public Prosecutor as well as counsel for
the complainant vehemently opposed the prayer made by the
counsel for the appellant. Counsel for the complainant Mr.
Kumbhat further submits that according to the test identification
parade, all the accused were identified, therefore, the sentence of
the appellant may not be suspended.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, sentence of similarly situated co-accused Shrawan
Kumar was already suspended and the case of present appellant is
similar to him, therefore, this court is of the opinion that it is a fit
case for suspending the substantive sentence awarded to the
accused appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentences passed by the learned Addl. Sessions Judge
No.2 Rajgarh, District Churu, vide judgment dated 06.07.2021 in
Sessions Case No.4/2020 against the appellants-applicants
(1) Mukesh Budaniya S/o Rajpal Budaniya & (2) Sachin Kumar S/o
Surendra Kumar shall suspended till final disposal of the aforesaid
appeal subject to the condition that the appellants shall deposit
the fine amount as imposed by the learned trial Court and they
will be released on bail, provided execute a personal bond in the
sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- each
to the satisfaction of the learned trial Judge for their appearance
in this court on 25.11.2021 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
(3 of 3) [SOSA-606/2021]
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.
4. Appellants shall deposit the fine amount as
imposed by the learned 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
153-Ishan/-
Powered by TCPDF (www.tcpdf.org)
