Sunny vs State Of Rajasthan
2023 Latest Caselaw 232 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. III Suspension Of Sentence Application (Appeal) No. 1072/2022

In

S.B. Criminal Appeal No.355/2020

Sunny S/o Shri Kalu Ram, Aged About 29 Years, R/o Ward No. 19, Tehsil Bhadara, District Hanumangarh, Rajasthan.

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

----Respondent

For Petitioner(s) : Mr. Anil Bidan Halu For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/01/2023

This is third suspension of sentence application under Section

389 Cr.P.C. The second suspension of sentence application of the

appellant was dismissed vide order dt. 12.07.2022.

Learned counsel for the appellant submits that appellant has

been convicted for offence under Sections 498-A & 304-B of IPC

and awarded sentence to 07 years' rigorous imprisonment. It is

submitted that now appellant has served about 6 years and six

months imprisonment out of total sentence of 07 years. The

appellant is in judicial custody and hearing of the appeal is likely

to take a long time. Therefore, the sentence awarded to the

appellant may be suspended.

Per contra, learned Public Prosecutor has opposed the prayer

of the appellant but submitted that accused-appellant has served

(2 of 3) [SOSA-1072/2022]

about 6 years and six months of imprisonment out of total

imprisonment.

Having regard to the facts and circumstances of the case so

also the fact that the appellant has already served about 06 years

and six months imprisonment out of the total sentence of 07 years

and the appeal preferred by the appellant against the impugned

judgment is not likely to be heard in near future, I consider it just

and proper to suspend the substantive sentence awarded to the

accused appellant.

Accordingly, this third application for suspension of sentence

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

substantive sentence passed by the learned Additional Sessions

Judge, Bhadara, Hanumangarh vide judgment dated 22.01.2020

in Session Case No.12/2017 against accused-appellant Sunny S/o

Shri Kalu Ram shall remain suspended till final disposal of the

aforesaid appeal subject to depositing the fine amount. The

appellant shall be released on bail provided he executes a

personal bond in the sum of Rs.2,00,000/- with two sureties of

Rs.1,00,000/- each to the satisfaction of the learned trial Judge

for his appearance in this court on 08.02.2023 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, they will give in writing their changed address to the trial Court.

     4.    The   appellant       shall     deposit       fine    amount   as


                                                                               (3 of 3)                 [SOSA-1072/2022]


                                                   imposed by 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.

(MANOJ KUMAR GARG),J 237-raksha/-

Powered by TCPDF (www.tcpdf.org)