Rajasthan High Court
Munshiram S/O Devkaran vs State Of Rajasthan on 6 February, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.196/2024.
In
S.B. Criminal Appeal (Sb) No. 228/2024
1. Munshiram S/o Devkaran, R/o Ahir Bhagola, Tehsil
Mundawar, District Alwar
2. Dhansingh S/o Ishwar Singh, R/o Ahir Bhagola, Tehsil
Mundawar, District Alwar
3. Sukhbindra S/o Subesingh, R/o Ahir Bhagola, Tehsil
Mundawar, District Alwar
4. Babindra S/o Subesingh, R/o Ahir Bhagola, Tehsil
Mundawar, District Alwar
5. Jaswant S/o Munshiram, R/o Ahir Bhagola, Tehsil
Mundawar, District Alwar
6. Smt. Suresh Devi W/o Munshiram, R/o Ahir Bhagola, Tehsil
Mundawar, District Alwar
7. Manoj Kumar S/o Gopiram, R/o Ahir Bhagola, Tehsil
Mundawar, District Alwar
8. Subesingh S/o Devkaran, R/o Ahir Bhagola, Tehsil
Mundawar, District Alwar
----Appellants
Versus
State of Rajasthan, through P.P
----Respondent
For Appellant(s) : Mr Raj Kamal Gaur
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-appellants who
has been convicted and sentenced vide judgment dated
(2 of 3) [CRLAS-228/2024]
25.01.2024 passed by learned Additional Sessions Judge,
Mundawar in Session Case No.101/2018 (20/13), CIS
No.101/2018 as under:-
Offence Under Imprisonment Fine Sentence in
Section default of fine
147 IPC Six Month's SI Rs.5,00/- 10 Day's SI
323/149 IPC Six Month's SI Rs.5,00/- 10 Day's SI
341 IPC One Month SI Rs.5,00/- 10 Day's SI
325/149 IPC Two Year's SI Rs.5,00/- 1 Month's SI
Heard learned counsel for the accused-appellants and
learned Public Prosecutor on the application for suspension of
sentence.
Upon a consideration of the arguments advanced on behalf
of the accused-appellants and having regard to the facts and
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-appellants 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 Sessions
Judge, Mundawar vide order dated 25.01.2024 in Session Case
No.101/2018 against the accused-appellants Munshiram S/o
Devkaran, Dhansingh S/o Ishwar Singh, Sukhbindra S/o
Subesingh, Babindra S/o Subesingh, Jaswant S/o
Munshiram, Smt. Suresh Devi W/o Munshiram, Manoj
Kumar S/o Gopiram and Subesingh S/o Devkaran shall
remain suspended till final disposal of the aforesaid appeal and
they shall be released on bail, provided each of them executes a
personal bond in the sum of Rs.1,00,000/- with two sureties of
(3 of 3) [CRLAS-228/2024]
Rs.50,000/- each to the satisfaction of the learned trial Judge for
their 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
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
234-/DHARMENDRA RAKHECHA
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