Rajasthan High Court - Jodhpur
Rama Shankar @ Aman vs State Of Rajasthan (2023:Rj-Jd:44213) on 18 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:44213]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1290/2023
Rama Shankar @ Aman S/o Dhanraj, Aged About 28 Years, R/o
Ward No. 03 Bidaser, Dist. Churu. (At Present Lodged In Dist.
Jail, Churu)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Suresh Kumar S/o Laxminarayan, R/o Village Chadwas,
Tehsil Bidaser, Dist. Churu.
----Respondents
For Petitioner(s) : Mr. Pankaj Kumar Gupta
For Respondent(s) : Mr. Mukesh Trivedi, PP
Mr. S.K. Verma, for respondent NO.2
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
18/12/2023
Learned counsel Mr. S.K. Verma appeared on behalf of
respondent NO.2, therefore, service is complete.
Office is directed to show the name of Mr. S.K. Verma as
counsel for the respondent in the cause list.
Heard learned counsel for the appellant as well as learned
Public Prosecutor and counsel for the respondent No.2.
Learned counsel for the appellant submits that the appellant
is in custody for more than five years and ten months out of total
ten years' sentence and appellant had acquitted for offence under
Section 376 IPC and convicted only for offence under Section 306
IPC.
[2023:RJ-JD:44213] (2 of 3) [SOSA-1290/2023]
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, appellant was on bail during the trial, this court is of
the opinion that it is a fit case for suspending the sentence
awarded to the accused appellant.
Accordingly, the 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 Addl. Sessions
Judge, Churu, vide judgment dated 16.09.2023 in Sessions Case
No.18/2018 (249/2018) against the appellant-applicant Rama
Shanker @ Aman S/o Dhanraj shall suspended till final disposal of
the aforesaid appeal subject to the condition that the appellant
shall deposit the 50% of the fine amount as imposed by the
learned trial Court and he will 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 19.01.2024 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 50% of the fine amount
as imposed by the learned trial court.
[2023:RJ-JD:44213] (3 of 3) [SOSA-1290/2023]
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
243-Ishan/-
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