Rajasthan High Court - Jodhpur
Rocky Dhanak vs State Of Rajasthan ... on 2 September, 2023
Bench: Farjand Ali
[2023:RJ-JD:27798]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1099/2023
Rocky Dhanak S/o Shri Ramswaroop Dhanak, Aged About 32
Years, R/o Ward No. 47, Indra Chowk, Sri Ganganagar.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. D.S. Thind
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/09/2023
1. In view of the fact that bail bond of the appellant has been
forfeited by this Court vide order dated 08.07.2023 and bail
granted to him vide order dated 20.11.2019 has been
cancelled. The appellant No.7 Rocky Dhanak is brought before
this Court through warrant of arrest.
2. The appellants were convicted and sentenced by the learned
Sessions Judge, No.2, Sriganganagar vide judgment dated
19.10.2019 passed in Sessions Case No.11/2015. It is not in
dispute that the appellants have preferred an appeal bearing
Criminal appeal No.1523/2019, which was admitted on
20.11.2019 and at the same time considering the overall
circumstances, the sentence awarded to them vide judgment
dated 19.10.2019 by the learned trial Court was directed to
remain suspended till disposal of the appeal. In the aforesaid
order, certain conditions were imposed one of which was to
[2023:RJ-JD:27798] (2 of 3) [SOSA-1099/2023]
mark appearance before the trial Court in the month of
January every year till disposal of the appeal, however, the
appellant No.6 and 7 have made the default and failed to do
so. Thereafter, constrained by the act of the appellants, this
Court on 18.07.2023 had cancelled their bail. Now, the second
instant application for suspension of sentence has been
preferred.
3. Learned counsel for the appellants, submits that owing to
some miscommunication regarding the conditions of marking
appearance before the trial Court in the month of January
every year, the appellant No.7 Rocky Dhanak, who is a poor
person, failed to mark his presence. It is contended that the
default was not made wilfully or deliberately rather it
happened due to ignorance and miscommunication.
4. Per contra, learned Additional Government Advocate has
vehemently opposes the prayer made by learned counsel for
the accused-applicant for releasing the appellant on
application for suspension of sentence.
5. Considering the overall submissions, this Court is of the
opinion that it is a fit case for suspending the sentence
awarded to the accused-appellant, who has been produced
before this Court. Accordingly, the sentence passed by the
learned trial Court shall remain suspended till further order
in this regard. The appellant is directed to be released on
bail provided he executes a personal bond in the sum of
Rs.25,000/- with one surety of Rs.25,000/- to the
satisfaction of the learned Registrar (Judicial) of this Court.
[2023:RJ-JD:27798] (3 of 3) [SOSA-1099/2023]
The conditions enumerated in the order dated 20.11.2019
shall apply mutatis mutandis.
(FARJAND ALI),J
C-2-Ashutosh/-
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