Rajasthan High Court - Jodhpur
Kailash Chandra vs State Of Rajasthan ... on 12 October, 2023
Bench: Manoj Kumar Garg
[2023:RJ-JD:34764]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1125/2023
Kailash Chandra S/o Sita Ram Kumawat, Aged About 50 Years,
R/o Lava Sardargarh, Police Station Amet, District Rajsamand.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikram Singh
For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/10/2023
Heard learned counsel for the appellant as well as learned
Public Prosecutor and perused the material available on record.
Upon a consideration of the arguments advanced on behalf of
the appellant and having regard to the facts and circumstances of
the case including the fact that the appellant was on bail during the
trial, this Court is of the opinion that it is a fit case for suspending
the sentence 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
sentence passed by learned Sessions Judge, Rajsamand, vide
judgment dated 28.08.2023 in Sessions Case No.6/2017 (CIS
No.11/2017) against the appellant-applicant Kailash Chandra S/o
Sita Ram Kumawat, shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail subject to deposit
50% of the fine amount as imposed by the learned trial Court,
[2023:RJ-JD:34764] (2 of 2) [SOSA-1125/2023]
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 28.11.2023
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.
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.
4. Appellant shall deposit 50% of 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 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.
(MANOJ KUMAR GARG),J
786-MS/-
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