Ratan Ji vs State Of Rajasthan ...
2023 Latest Caselaw 5284 Raj

[2023/RJJD/017454]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 339/2022

Ratan Ji S/o Mog Ji Patidar, Aged About 55 Years, B/c Patidar, R/o Hathai Falla Beda Dungari, Dovra Police Station, District Dungarpur. (Lodge In Central Jail, Udaipur)

----Applicant Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. JVS Deora For Respondent(s) : Mr. B. R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

25/05/2023

1. Heard learned counsel for the parties on the application for

suspension of sentence.

2. Learned counsel for the appellant-applicant has argued that

the trial court has erred in convicting and sentencing the

appellant-applicant vide impugned judgment. It is also submitted

that the appellant-applicant is convicted for the offence punishable

under Section 302/34 IPC along with other offences, however, two

other co-accused persons, namely, Surendra and Dhuleshwar have

also been convicted for the same offfence and their sentence has

already been suspended by this Court.

3. It is also submitted that as on date, the appellant-applicant

has served out sentence of more than 13 years including

[2023/RJJD/017454] (2 of 3) [SOSA-339/2022]

remission out of the total sentence awarded to him by the trial

court and there is no likelihood that the appeal filed by him will

finally be heard in near future.

4. Learned Public Prosecutor has opposed this application for

suspension of sentence.

5. Having heard the learned counsel for the parties, particularly

taking into consideration the custody period of the appellant-

applicant and the fact that final hearing of the appeal is likely to

take time, without expressing any opinion on the merits of the

case, we consider it just and proper to suspend the substantive

sentence awarded to the accused appellant-applicant.

6. Accordingly, this application for suspension of sentence filed

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

substantive sentence passed by the Addl. Sessions Judge,

Dungarpur vide judgment dated 24.03.2015 in Sessions Case

No.46/2012 against appellant-applicant - Ratan Ji S/o Mog Ji

Patidar shall remain suspended till final disposal of the 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 26.06.2023

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-appellant changes the place

[2023/RJJD/017454] (3 of 3) [SOSA-339/2022]

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.

7. The learned trial Court shall keep the record of attendance of

the accused applicant-appellant in a separate file. Such file be

registered as Criminal Misc. Case related to original case in which

the accused applicant-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 applicant-appellant does not

appear before the trial court, the learned trial Judge shall report

the matter to the High Court for cancellation of bail.

(PUSHPENDRA SINGH BHATI),J (VIJAY BISHNOI),J

1-AjaySingh/-

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