Rajasthan High Court - Jodhpur
Prakash vs State Of Rajasthan on 28 November, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1160/2022
In
S.B.Criminal Appeal No. 1535/2022
Prakash S/o Shri Kesa Meena, Aged About 32 Years, R/o
Dobdhicha P.s. Salumbar, District Udaipur. (Presently Lodged In
Central Jail, Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Khatiya S/o Shri Rajiya, B/c Meena, R/o Jeelavat Fala
Gavda Pal, P.s. Salumbar, Udaipur.
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
28/11/2022
Heard learned counsel for the accused-appellant as well as
learned Public Prosecutor on the application for suspension of
sentence. Perused the judgment and order impugned and the
material available on record.
Learned counsel for the accused-appellant submits that the
accused-appellant has been convicted by the learned trial court for
the offences under Sections 370/120B, 365/120B, 342 and
392/120B IPC. He further submits that the sentences awarded to
the co-accused of this case namely Hanuman Ram, Manju and
Daulat Ram have already been suspended by the Coordinate
(2 of 3) [SOSA-1160/2022]
Bench of this Court and the case of the present appellant is not
distinguishable in any manner. The appellant is in jail since
19.8.2017.
Learned Public Prosecutor has vehemently opposed the
prayer regarding suspension of sentence.
Considering the submissions advanced by the learned
counsel for the parties and the fact that sentences awarded to the
co-accused named above have already been suspended by Co-
ordinate Bench, this Court deems it just and proper to suspend
the sentence awarded to the accused-petitioners.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, SC/ST (Prevention
of Atrocities Cases), Udaipur vide judgment dated 16.9.2022 in
Sessions Case No. 40/2017 against the appellant-applicant
Prakash S/o Shri Kesa Meena 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
learned trial Judge for his appearance in this court on 03.1.2023
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 of 3) [SOSA-1160/2022]
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.
(FARJAND ALI),J
138-RP/-
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