Rajasthan High Court - Jodhpur
Ramesh Chandra vs State Of Rajasthan on 28 March, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 157/2021
Ramesh Chandra S/o Sh. Shyamlal, Aged About 29 Years, B/c
Kumawat, R/o Badliya, P.s. Kankroli, Distt. Rajsamand (Raj.)
(Presently Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Ms. Anita Gehlot, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/03/2022
Heard the learned counsel for the parties on second
application for suspension of sentence.
Counsel for the appellant submits that the appellant is inside
the custody for more than seven years, out of ten years of
sentence and hearing of the appeal will take sufficient long time.
In such circumstances, the sentence of the appellant may kindly
be suspended and he may be released on bail.
Learned Public Prosecutor while opposing the application for
suspension of sentence, has submitted a report dated 22.02.2022
showing the fact that the petitioner has served more than seven
years of sentence out of total ten years of sentence. The said
report is hereby taken on record.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
(2 of 3) [SOSA-157/2021]
of the case including the fact that the appellant has served more
than seven years of sentence out of total ten years of setnence,
this Court is of the opinion that it is a fit case for suspending the
sentences awarded to the accused appellant.
Accordingly, the second 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
Additional Sessions Judge, Rajsamand vide judgment dated
13.05.2019 in Session Case No.20/2015 (CIS No.36/2015)
against the appellant-applicant Ramesh Chandra S/o Sh. Shyamlal
shall remain suspended till final disposal of the aforesaid appeal
and he shall be released on bail subject to deposit the fine amount
as imposed by the learned trial Court, 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 learned trial Judge for
his appearance in this court on 28.04.2022 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.
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. Appellant shall deposit the fine amount as
imposed by the learned trial Court.
(3 of 3) [SOSA-157/2021]
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
67-MS/-
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