Rajasthan High Court - Jodhpur
Jyanti Lal @ Kanha vs State Of Rajasthan ... on 23 October, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2024:RJ-JD:43560-DB] (1 of 3) [SOSA-1365/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1365/2024
Jyanti Lal @ Kanha, S/o Sh. Thavra Ram R/o Nava Dera Ps
Kotwali, Dist. Dungarpur (Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kaluram Bhati
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
23/10/2024
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 24.09.2013 passed by
the learned Additional Sessions Judge No.3, Chittorgarh in
Sessions Case No.09/2013.
2. The appellant-applicant has preferred this thrid application
for suspension of sentence under Section 389 Cr.P.C. for
suspension of sentences during the pendency of the appeal and
for release on bail.
3. Learned counsel for the appellant-applicant submits that the
first suspension of sentence application was allowed by a Division
Bench of this Court vide order dated 07.01.2014 in D.B.
Suspension of Sentence (Appeal) No.1336/2013.
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3.1 He further submits that the applicant-appellant could not
comply with the conditions as stipulated in the order dated
07.11.2024 and thus, the trial court was directed to initiate the
proceedings under Section 446 of Cr.P.C. against the sureties and
standing arrest warrants were issued against the appellant-
applicant for his production before this Court.
3.2 He also submits that vide order dated 01.04.2024, a Division
Bench of this Court directed the appellant to be sent to judicial
custody and since then, he is in judicial custody.
3.3 Learned counsel for the appellant-applicant submits that
subsequently, the applicant-appellant filed a second suspension of
sentence application bearing no.471/2024 before this Court. The
said application was dismissed as not pressed vide order dated
09.07.2024 wherein this Court directed the learned trial court to
expeditiously complete the proceedings under Section 446 Cr.P.C..
3.4 He further submits that the learned trial court has now
completed the proceedings under Section 446 Cr.P.C.
4. Learned Public Prosecutor opposed the application for
suspension of sentence, but is unable to refute the aforesaid
factual matrix.
5. Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the appellant-applicant during
the pendency of the appeal.
6. Accordingly, the instant III application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and the
applicant Jyanti Lal @ Kanha, S/o Sh. Thavra Ram shall be
released from the imprisonment on his furnishing personal bond in
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the sum of Rs.25,000/- along with two sureties, as already
directed vide order dated 07.01.2014 passed in D.B. Suspension
of Sentence (Appeal) No.1336/2013. The conditions imposed by
this Court as contained in order dated 07.01.2014 shall remain
operative.
(MUNNURI LAXMAN),J (DR.PUSHPENDRA SINGH BHATI),J
183-devrajP/-
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