Citation : 2024 Latest Caselaw 9469 Raj
Judgement Date : 19 October, 2024
[2024:RJ-JD:42745]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 264/2024
IN
S.B. Criminal Appeal No. 306/2024
Sandeep @ Ravan S/o Vazir Singh, Aged About 27 Years, R/o
Samain Police Station Tohana Sadar, District Fatehabad,
Haryana. (At Present Lodged At Sub Jail, Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
19/10/2024
1. Learned counsel for the applicant submits that the
application (IA No.1/24) seeking preponment of date is
infructuous now.
2. Accordingly, the application (IA No.1/24) stands dismissed as
having become infructuous.
3. Heard learned counsel for the parties on the prayer for
suspension of sentence.
4. Ten years' rigorous imprisonment has been awarded against
the applicant for offence under Section 395 IPC. Applicant is in jail
since about five years. There is no chance of early hearing of this
appeal.
[2024:RJ-JD:42745] (2 of 3) [SOSA-264/2024]
5. Learned Public Prosecutor opposed the prayer for suspension
of sentence.
6. Considering the overall facts and circumstances of the case
as well as the fact that the appeal would take time for final
disposal, the instant application for suspension of sentence is
allowed and the sentence awarded against the applicant above-
named by the learned Additional Sessions Judge, No.1, Rajgarh,
District Churu vide judgment dated 09.02.2024 passed in Sessions
Case No.36/2020 shall remain suspended till final disposal of the
appeal provided he furnishes a bail bond of Rs.50,000/- with two
sureties of like amount (one of sureties of territorial jurisdiction of
trial court) to the satisfaction of the learned trial Court with
following conditions:-
(1) That he will appear in person before the trial court in the first week of November of every year till the appeal is decided.
(2) That if the applicant changes the place of residence, he will give in writing her 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(s) to the trial court.
7. 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
[2024:RJ-JD:42745] (3 of 3) [SOSA-264/2024]
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.
(BIRENDRA KUMAR),J 25-deep/-
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