Rajasthan High Court
Banwari S/O Pratap vs State Of Rajasthan (2024:Rj-Jp:6128) on 6 February, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:6128]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc II Suspension Of Sentence Application
No.130/2024
IN
S.B. Criminal Appeal No.1078/2019
Banwari S/o Pratap, Aged About 40 Years, R/o Mothpur (Talawda)
Police Station Kotwali Baran District Baran (Presently Accused
/appellant Is In Jail Baran)
----Appellant
Versus
State of Rajasthan, through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. B.L. Dhakar
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
06/02/2024
The accused-appellant herein has been convicted and
sentenced vide judgment dated 11.04.2019 passed by the learned
Additional District & Sessions Judge No.2, Baran in Sessions Case
No.02/2019 (CIS No.55/2017) as under:-
Offence Under Imprisonment Fine Sentence in
Section default of
payment of fine
147/149 I.P.C. One year's S.I. Rs.1,000/- Fifteen days' S.I.
323/149 I.P.C. Six months' S.I. Rs.1,000/- Fifteen days' S.I.
308/149 I.P.C. Three years' S.I. Rs.3,000/- One month's S.I.
This criminal misc. second suspension of sentence
application is preferred against the order dated 01.04.2022,
[2024:RJ-JP:6128] (2 of 3) [SOSA-130/2024]
whereby, this Court forfeited the bail bonds of the accused-
appellant and directed to issue arrest warrant.
Learned counsel for the accused-appellant submits that
earlier vide order dated 04.07.2019, sentence of accused-
appellant was suspended and in pursuance of the said order,
accused-appellant was directed to present before this Court. He
also submits that due to unavoidable reasons, accused-appellant
could not mark his presence on due date. The accused-appellant is
in custody for almost three months, therefore, second suspension
of sentence application of accused-appellant may be allowed.
Learned Public Prosecutor vehemently opposes the second
suspension of sentence application.
Considering the fact that accused-appellant is in custody for
almost three months and decision of the criminal appeal may take
considerable time and earlier sentence of accused-appellant was
suspended, I deem it proper to allow the second suspension of
sentence application of accused-appellant during pendency of the
instant appeal.
Accordingly, the second misc. application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by the learned Additional
District & Sessions Judge No.2, Baran in Sessions Case No.02/2019
(CIS No.55/2017) vide judgment dated 11.04.2019 against the
appellant-applicant Banwari S/o Pratap, shall remain suspended
till final disposal of the aforesaid appeal and he shall be released
on bail, 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
[2024:RJ-JP:6128] (3 of 3) [SOSA-130/2024]
court on 11.03.2024 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) change(s) 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,
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(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.
(PRAVEER BHATNAGAR),J
140-SURAJ KUMAR
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