Citation : 2024 Latest Caselaw 933 Raj/2
Judgement Date : 6 February, 2024
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.195/2024.
In
S.B. Criminal Appeal (Sb) No. 227/2024
Raju @ Rajveer Singh S/o Shri Balveer Singh, R/o Banki P/s
Sadar Hindaun, District-Karauli (Rajasthan)
----Appellant
Versus
State of Rajasthan, through P.P.
----Respondent
For Appellant(s) : Mr. Rajendra Sharma
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
06/02/2024
The instant application for suspension of sentence under
Section 389 Cr.P.C. has been preferred by accused-appellant who
has been convicted and sentenced vide judgment dated
24.01.2024 passed by learned Additional Session Judge No.2,
Hindaun City, District Karauli in Session Case No.108/2016 as
under:-
Offence Under Imprisonment Fine Sentence in Section default of fine 3/25 Arms Act Three Year SI Rs.10,000/- 1 Month's SI
Heard learned counsel for the accused-appellant and learned
Public Prosecutor on the application for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the accused-appellant and having regard to the facts and
(2 of 3) [CRLAS-227/2024]
circumstances as available on the record, this Court is of the
opinion that it is a fit case for suspending the sentences awarded
to the accused-appellant during pendency of the instant criminal
appeal.
Accordingly, the application for suspension of sentence
appliation filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentence passed by learned Additional Session
Judge No.2, Hindaun City, District Karauli vide order dated
24.01.2024 in Session Case No.108/2016 against the accused-
appellant Raju @ Rajveer Singh S/o Shri Balveer Singh, 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.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 07.03.2024 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) 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.
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
(3 of 3) [CRLAS-227/2024]
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
233-/DHARMENDRA RAKHECHA
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