Rajasthan High Court
Dinesh Son Of Nathu vs State Of Rajasthan on 5 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:37409]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.1458/2024
IN
S.B. Criminal Appeal (Sb) No. 2198/2024
1. Dinesh Son Of Nathu, Resident Of Banetha District Tonk
2. Siyaram Son Of Dayaram, Resident Of Kumhariya Police
Station Chauth Ka Barwada District Sawai Madhopur
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Rajesh Kumar Sain
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
05/09/2024
Heard learned counsel for the applicants-appellants and
learned Public Prosecutor on the application for suspension of
sentence.
The applicants-appellants herein have been convicted for
offences under Sections 323/34, 325/34 & 308/34 of IPC vide
judgment dated 22.08.2024 passed by learned Session Judge,
Tonk Rajasthan in Sessions Case No.57/2018 and have been
sentenced to maximum punishment of one year.
Learned counsel for the appellants submits that the accused
appellants were on bail during trial and they did not misuse the
liberty of bail. He further submits that the sentence awarded to
[2024:RJ-JP:37409] (2 of 3) [CRLAS-2198/2024]
the applicants-appellants has already been suspended by the trial
court.
Upon a consideration of the arguments advanced on behalf
of the 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 sentence awarded to the accused
appellants during pendency of the instant appeal.
Accordingly, the 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 Session Judge, Tonk Rajasthan
vide judgment dated 22.08.2024 in Sessions Case No.57/2018
against the appellants-applicants 1) Dinesh Son Of Nathu, &
2) Siyaram Son Of Dayaram 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.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
court on 09.10.2024 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the applicants change the place of
residence, they will give in writing 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.
[2024:RJ-JP:37409] (3 of 3) [CRLAS-2198/2024]
The learned trial Court shall keep the record of attendance of
the accused-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants 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 applicants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(ANIL KUMAR UPMAN),J
GAUTAM JAIN /43
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