Rajasthan High Court - Jodhpur
Ramla vs State Of Rajasthan (2023:Rj-Jd:41723) on 2 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:41723]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1116/2023
1. Ramla S/o Dhula Meena, Aged About 64 Years, R/o
Jambuda Talai, P.s. Gingla, Dist. Udaipur. (At Present
Lodged In Central Jail, Udaipur).
2. Homa S/o Rata Meena, Aged About 34 Years, R/o
Jambuda Talai, P.s. Gingla, Dist. Udaipur. (At Present
Lodged In Central Jail, Udaipur).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Love Jain
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Jaipal Singh
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/12/2023
Heard learned counsel for the parties and perused the
material available on record.
Counsel for the appellants has submitted that compromise
has arrived between the parties and the same has been concurred
by learned counsel for the complainant.
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case including the fact that appellants were on bail during
trial and compromise has arrived between the parties, therefore,
this Court is of the opinion that it is a fit case for suspending the
sentence awarded to the appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C is allowed and it is ordered that the
[2023:RJ-JD:41723] (2 of 3) [SOSA-1116/2023]
sentence passed by the learned Special Judge, SC/ST (Prevention
of Atrocities), Udaipur in Special Sessions Case No.17/2020 vide
judgment dated 28.08.2023 against the appellants (1) Ramla S/o
Dhula Meena & (2) Homa S/o Rata Meena shall remain suspended
till final disposal of the aforesaid appeal subject to depositing the
50% fine amount as imposed by the learned trial Court, provided
they execute 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 03.01.2024 and
whenever ordered to do so, till the disposal of the appeal on the
conditions indicated below:-
1. That thet will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants change the place of
residence, they will give in writing 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,
they will give in writing their changed address to
the trial Court.
4. The appellants shall deposit 50% fine amount as
imposed by the trial court.
The learned trial Court shall keep the record of attendance of
the accused-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants 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-appellants do not appear before the trial court, the
[2023:RJ-JD:41723] (3 of 3) [SOSA-1116/2023]
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J
125-raksha/-
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