Rajesh vs State Of Rajasthan-State
2022 Latest Caselaw 11294 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal III Misc Suspension Of Sentence Application (Appeal) No. 646/2021

In

D.B.Criminal Appeal No. 188/2019

Rajesh S/o Thawra Katara, Aged About 47 Years, By Caste Meena, R/o Khaparda, Dungarpur Kotwali Police Station, District Dungarpur (Lodged In Central Jail, Udaipur)

----Petitioner Versus State Of Rajasthan-State, Through PP

----Respondent

For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. B.R.Bishnoi, P.P.

Mr. Manoj Pareek

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI

Order

09/09/2022

Heard learned counsel for the parties on suspension of

sentence application. Perused the record.

Learned counsel for the appellant has submitted that the trial

court has erred in convicting and sentencing the accused appellant

for the offences punishable under Sections 326 and 307 IPC. It is

submitted that the allegation against the appellant is that he

inflicted an injury on the head of the injured. Learned counsel has

submitted that as a matter of fact such injury was not caused by

the appellant and the said allegation is false. Learned counsel has

further submitted that the appellant is ready to pay adequate

(2 of 3) [SOSA-646/2021]

compensation to the injured to the tune of Rs.50,000/-.

Learned Public Prosecutor as well as the counsel appearing

for the injured opposed the application for suspension of sentence.

Having heard learned counsel for the parties and after taking

into consideration the totality of facts and circumstances of the

case, we consider it just and proper to suspend the substantive

sentence awarded to the accused appellant.

Accordingly, this suspension of sentence application filed

under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 26.6.2019 in Sessions Case No.126/2017 against appellant

Rajesh shall remain suspended till final disposal of the aforesaid

appeal, provided the appellant deposits an amount of Rs. 50,000/-

with the trial court and executes a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

court on 11.10.2022 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.

2. That if the appellant 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,

(3 of 3) [SOSA-646/2021]

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-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant 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-appellant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

The amount of Rs. 50,000/- to be deposited by the appellant

be disbursed to the injured by the trial court on moving an

appropriate application.

                                   (FARJAND ALI),J                                              (VIJAY BISHNOI),J


                                    52-RP/-









Powered by TCPDF (www.tcpdf.org)