Rajasthan High Court - Jodhpur
Manoj vs State Of Rajasthan on 17 June, 2022
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 373/2022
Manoj S/o Badri Lal Jat, Aged About 52 Years, R/o Chhapari,
Police Station Railmagra, District Rajsamand. (At Present Lodged
In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikram Singh
For Respondent(s) : Mr. Laxman Solanki,PP
HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION
JUDGE)
Order
17/06/2022
The petitioner has been convicted and sentenced as below
vide Judgment dated 28.03.2022 passed by Additional Sessions
Judge, Rajsamand in Sessions Case No. 50/2016 :-
Offence Sentences Fine Fine Default
sentences
u/s 498-A of 3 years SI Rs.1000/- 3 months SI
IPC
u/s 304-B of 7 years SI Rs.5000/- 6 months SI
IPC
The applicant has moved this application under Section 389
Cr.P.C. seeking suspension of sentences awarded to him by the
trial court.
(2 of 3) [SOSA-373/2022]
Learned Public Prosecutor has not chosen to file reply to the
application for suspension of sentences and proposes to argue the
matter orally.
Heard learned counsel for the applicant and learned Public
Prosecutor and perused impugned judgment & original record of
the case.
On the other hand, learned Public Prosecutor opposes the
grant of application for suspension of sentences.
Having regard to the rival submissions and after perusal of
the record as also considering the facts and circumstances of the
case more particularly looking to the period of sentence already
served by the applicant, this Court is inclined to accept the
application for suspension of sentence and to release the applicant
on bail during the pendency of the appeal.
Accordingly, this application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the Additional Sessions Judge, Rajsamand
vide Judgment dated 28.03.2022 in Sessions Case No. 50/2016
against the applicant - Manoj S/o Badri Lal Jat, 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.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the trial Judge for his appearance in this Court on
27.01.2022 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
(3 of 3) [SOSA-373/2022]
2. That if the petitioner 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 trial Court shall keep the record of attendance of the
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 purpose 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 trial
Judge shall report the matter to the High Court for cancellation of
bail.
(RAMESHWAR VYAS (VACATION JUDGE)),J
128-mohit/-
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