Rajasthan High Court - Jodhpur
Kanhaiyalal @ Banty Harijan vs State Of Rajasthan on 16 January, 2023
Bench: Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.
1278/2022
IN
S.B. Cr. Appeal No. 161/2018
Kanhaiyalal @ Banty Harijan S/o Puran Rathore, Aged About 23
Years, B/c Harian, R/o Semaliya Ps Sambhupura, Dist. Chittorgarh.
(Presently Lodged At Dist. Jail Chittorgarh).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Satyanarayan Vaishnav S/o Mangidas Vaishnav R/o Kumbhanagar
District Chittorgarh.
----Respondent
For Petitioner(s) : Mr. Umesh Kant Vyas
For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
16/01/2023
Heard.
Heard learned counsel for the appellant and learned Public
Prosecutor on application for suspension of sentence.
Learned counsel for the appellant submits that accused
appellant has been awarded maximum sentence of 10 years and
out of that he has already served about 8 years of sentence.
Learned counsel for the appellant submits that similarly situated
co-accused Sunil @ Pintu Rao has already been granted bail by the
co-ordinate Bench of this Court. Counsel further submits that
there is no evidence on record to hold the convict guilty of the
offences and hearing of the appeal shall taken long time,
therefore, the present suspension of sentence may be allowed.
(2 of 3) [SOSA-1278/2022]
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this Court is of the opinion that it is a fit case for
suspending the substantive 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
substantive sentences passed by the learned Addl. Sessions Judge
No.3, Chittorgarh, vide judgment dated 20.12.2017 in Sessions
Case No.126/2016 against the applicant Kanhaiyalal @ Banty
Harijan S/o Puran Rathore, shall remain suspended till final
disposal of the aforesaid appeal and he shall be released on bail
subject to deposit the fine amount as imposed by the learned trial
Court, 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 17.2.2023 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 applicant(s) 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(s),
they will give in writing their changed address to
the trial Court.
4. Petitioner shall deposit the fine amount as
imposed by the learned 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
(3 of 3) [SOSA-1278/2022]
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.
(UMA SHANKER VYAS),J
94-Mak/-
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