Prakash vs State Of Rajasthan ...
2023 Latest Caselaw 7076 Raj

[2023:RJ-JD:29036-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 815/2023 Prakash S/o Sh. Jawan Singh Rajput (Daroga), Aged About 39 Years, B/c Daroga, R/o Vill. Oda, P.s. Ogna, Dist. Udaipur. (At Present Lodged In Central Jail, Udaipur).

                                                                         ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Petitioner(s)             :    Mr. Deepak Menaria
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 The matter comes up for consideration of third application of

suspension of sentence.

It is noted that while suspending the sentence of appellant-

applicant on 26.03.2012, this Court directed the appellant-

applicant to mark his presence before the trial court in the month

of January of every year. Though, the appellant-applicant

appeared before the trial court for marking his presence in the

year 2014 to 2016, however in the year 2017 to 2021, he failed to

mark his presence before the trial court.

Taking into consideration the overall facts and circumstances

of the case, the bail granted to the appellant-applicant was

cancelled and a warrant of arrest was issued against him and

pursuant to that, the appellant-applicant arrested on 03.07.2023

and at present, he is in judicial custody.

[2023:RJ-JD:29036-DB] (2 of 3) [SOSA-815/2023]

It is informed by learned counsel for the appellant-applicant

that in the proceedings under Section 446 CrPC initiated by the

trial court, amount of Rs.20,000/- has already been deposited on

19.08.2023.

Learned counsel for the appellant-applicant has submitted

that the appellant-applicant has failed to mark his presence before

the trial court in the year 2017 to 2021 as he was out of State for

earning his livelihood. Learned counsel has assured this Court that

henceforth, the appellant-applicant will abide by all the conditions

imposed by this Court while suspending his sentence.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Having heard learned counsel for the parties and taking into

consideration the overall facts and circumstances of the case, we

deem it appropriate to suspend the sentence awarded to the

appellant-applicant by the trial court vide impugned judgment

dated 23.04.2009.

Accordingly, without commenting on the merits of the case,

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 Additional Sessions Judge (Fast Track) No.1, Udaipur vide

judgment dated 23.04.2009 in Sessions Case No.104/2008

against appellant-applicant Prakash S/o Sh. Jawan Singh Rajput

shall remain suspended till final disposal of the appeal, provided

he executes a personal bond in the sum of Rs.20,000/- with two

sureties of Rs.10,000/- each to the satisfaction of the learned

Additional Sessions Judge (Fast Track) No.1, Udaipur for his

[2023:RJ-JD:29036-DB] (3 of 3) [SOSA-815/2023]

appearance in this Court on 13.10.2023 and subsequently before

the trial court on the following conditions:-

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

of residence, he will give the changed address in

writing to the trial court, High Court as well as to

his 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.

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.

(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J 38-nitin/-

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