Rajasthan High Court - Jodhpur
Shaitan Ram vs State Of Rajasthan ... on 12 September, 2023
Bench: Vijay Bishnoi, Rajendra Prakash Soni
[2023:RJ-JD:29037-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal) No. 858/2023
IN
D.B. Crl. Appeal No.118/2019
Shaitan Ram S/o Mohan Lal, Aged About 25 Years, By Caste
Bhatt, Resident of Vishwakarma Colony, Nearby Fullad Crossing,
Sojat Road Police Station, Sojat Road, District Pali.
(Lodged In District Jail, Pali)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. RS Rathore
For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
12/09/2023
1. The matter comes upon for consideration of the second
application for suspension of sentence.
2. Heard learned counsel for the parties on the second
application for suspension of sentence.
3. The instant application for suspension of sentence has been
preferred by the appellant-applicant, who has been convicted and
sentenced by the learned trial court vide impugned judgment
dated 20.12.2018 in Sessions Case No.11/2017. The appellant-
applicant has been sentenced as under :-
[2023:RJ-JD:29037-DB] (2 of 4) [SOSA-858/2023]
Offence U/s Sentence Fine Sentence in default of
payment of fine
302 IPC Life Rs.50,000/- Three years' additional
imprisonment R.I.
394 IPC Ten years' R.I. Rs.10,000/- Three years' additional
R.I.
397 IPC Seven years' ____ ______
R.I.
4. Learned counsel for the appellant-applicant has argued that
the appellant-applicant went out of State for earning his livelihood
and, therefore, failed to mark his presence before the trial court in
the month of January 2018-2019 and in the month of January
2020-2021 as per the conditions of order of suspension of
sentence. It is further submitted that in the proceedings initiated
against the sureties under Section 446 Cr.P.C., surety Dala Ram S/
o Ganesh Ram has already deposited Rs.25,000/- with the trial
court on 09.05.2022. It is further submitted that so far as
another surety Bhanwar Lal is concerned, as he expired and,
therefore, the surety amount could not be deposited.
5. Learned counsel for the appellant-applicant submitted that
henceforth, the appellant-applicant will abide by all the conditions
of suspension of sentence and will not make any default. It is
submitted that as hearing of the appeal is likely to take time, the
sentence awarded to the appellant-applicant may be suspended.
6. Learned Public Prosecutor has opposed this application for
suspension of sentence.
7. Taking into consideration the overall facts and circumstances
of the case and without making any observation on the merits of
the case, we are inclined to suspend the sentence awarded to the
[2023:RJ-JD:29037-DB] (3 of 4) [SOSA-858/2023]
appellant-applicant.
8. Accordingly, this second application for suspension of
sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered
that the sentence passed by the Additional Sessions Judge, Sojat,
District Pali vide judgment dated 20.12.2018 in Sessions Case
No.11/2017 against appellant-applicant Shaitan Ram S/o
Mohan Lal shall remain suspended till final disposal of the appeal,
provided he executes a personal bond in the sum of Rs.1,00,000/-
along with two sureties of Rs.50,000/- each to the satisfaction of
the learned trial judge for his appearance in this Court on
16.10.2023 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 change 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.
9. 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
[2023:RJ-JD:29037-DB] (4 of 4) [SOSA-858/2023]
pendency and disposal of cases in the trial court. In case the said
accused-appellant do not appear before the trial court, the learned
trial Judge shall report the matter to the High Court for
cancellation of bail.
(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J
40-Payal/-
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