Pankaj vs State
2023 Latest Caselaw 912 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc. III Suspension of Sentence Application No.864/2022

IN

D.B. Criminal Appeal No.21/2018

Pankaj S/o Shri Bajrang Lal, By Caste Jat, R/o Gorika Bas, Tehsil Chomu, District Jaipur.

At Present Lodged In Central Jail, Sriganganagar

----Appellant Versus The State Of Rajasthan Through Public Prosecutor

----Respondent

For Appellant(s) : Mr. I.R. Choudhary For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI

Order

23/01/2023

The matter comes up for consideration of application (2/23)

seeking preponement of the date in the matter.

For the reasons stated in the aforesaid application, the same

is allowed.

Heard learned counsel for the parties on the third application

suspension of sentence.

The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned Addl. Sessions Judge No.2, Sri

Ganganagar vide judgment dated 03.01.2018 in Sessions Case

(2 of 4)

No.06/2015. The appellant-applicant has been sentenced as under

:-

Offence U/s Sentence Fine Sentence in default of payment of fine 363 IPC Five years' RI Rs.1000/- One and half months' SI 364A IPC Life Rs.2000/- Three months' SI Imprisonment 365 IPC Five years' RI Rs.1000/- One and half months' SI 120 IPC Life Rs.2000/- Three months' SI Imprisonment

Learned counsel for appellant-applicant has submitted that

the trial court has convicted and sentenced the appellant-applicant

along with two other co-accused namely Devendra Kumar Soni

and Tarsem Singh. Learned counsel while inviting our attention

towards the order dated 15.12.2022 passed by a Co-ordinate

Bench of this Court in DB Criminal Misc. Suspension of Sentence

Application (Appeal) No.1168/2022 has submitted that sentence of

co-accused namely Devendra Kumar Soni has already been

suspended by this Court. It is further submitted that case of the

appellant-applicant is not distinguishable from the case of the

above named co-accused, whose sentence has already been

suspended.

Learned Public Prosecutor has opposed the application for

suspension of sentence application, however, he is not in a

position to dispute the fact that the case of the appellant-applicant

stands on the same footing as that of co-accused Devendra Kumar

Soni.

(3 of 4)

Having considered the totality of facts and circumstances of

the case, after carefully scrutinizing the record of the case and

particularly taking into consideration of the fact that sentence of

co-accused Devendra Kumar Soni has already been suspended by

a Co-ordinate Bench of this Court and case of the appellant-

applicant is not distinguishable from him, we consider it just and

proper to suspend the substantive sentence awarded to the

appellant-applicant.

Accordingly, this third suspension of sentence application

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

substantive sentence passed by the Addl. Sessions Judge No.2, Sri

Ganganagar vide judgment dated 03.01.2018 in Sessions Case

No.06/2015 against appellant - Pankaj S/o Shri Bajrang Lal shall

remain suspended till final disposal of the aforesaid appeal,

provided he executes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance in this court on 13.03.2023

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 of 4)

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.

                                   (FARJAND ALI),J                                              (VIJAY BISHNOI),J


                                    AjaySingh/-









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