Vishnu vs State Of Rajasthan ...
2023 Latest Caselaw 1408 Raj

[2023/RJJD/004183]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 84/2023 IN S.B. Criminal Appeal No.1214/2018

Vishnu S/o Nanu Ram, Aged About 35 Years, R/o Village Aasuna, Tehsil-Raipur, Police Station Raipur, District Bhilwara. (Lodged In Central Jail Ajmer)

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Ms. Jaya Nayak for Mr. Awar Dan Ujjawal For Respondent(s) : Mr. Mohd. Anees Bhurat, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

06/02/2023 Heard learned counsel for the appellant and learned Public

Prosecutor on application for suspension of sentence.

It is submitted on behalf of the accused-appellant submits

that the appellant was convicted vide order dated 03.02.2018.

Learned counsel further submits that as per the custody

certificate, the appellant has undergone almost 09 years of

sentence out of 10 years rigorous imprisonment. She, therefore,

submits that the appeal of the appellant is not likely to be heard

and decided in the near future. Therefore, the sentence awarded

to the appellant may be suspended, keeping in mind the period of

sentence undergone by the appellant.

[2023/RJJD/004183] (2 of 3) [SOSA-84/2023]

Learned Public Prosecutor has opposed the application for

suspension of sentence.

I have considered the submissions made at the bar.

As per the custody certificate dated 28.07.2022 produced

before this Court, the appellant has already undergone 08 years

11 months and 18 days of the sentence and by today, the period

of sentence of the appellant has gone beyond 09 years.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case and considering the period of sentence undergone by

the appellant, this Court is of the opinion that it is a fit case for

suspending the sentences 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

sentences passed by the learned Juvenile court, Bhilwara vide

judgment dated 03.02.2018 in Session Case No.44/2017 against

the appellant-accused- Vishnu S/o Nanu Ram 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.50,000/- (Rupees: Fifty Thousand Only) with two sureties of

Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the

satisfaction of the learned trial Judge for his appearance in this

court on 08.03.2023 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.

[2023/RJJD/004183] (3 of 3) [SOSA-84/2023]

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.

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 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.

(VINIT KUMAR MATHUR),J 94-Shahenshah/-

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