Rajasthan High Court
Bhairulal S/O Bhanwarlal vs State Of Rajasthan on 20 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:40051]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of Sentence
No.1617/2024
IN
S.B. Criminal Appeal (Sb) No. 2427/2024
Bhairulal S/o Bhanwarlal, Aged About 37 Years, R/o Rampuriya
Police Station Bhanwargarh, Presently Constable 1216, Police
Line, Baran District Baran (Raj)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Jagdish Nagar
For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
20/09/2024
Heard learned counsel for the applicant-appellant and
learned Public Prosecutor on the application for suspension of
sentence.
The applicant-appellant herein has been convicted for
offences under Sections 341 & 324 of IPC vide judgment dated
22.08.2024 passed by learned District & Sessions Judge Baran,
Rajasthan in Sessions Case No.124/2019 and has been sentenced
to maximum punishment of three years.
Learned counsel for the appellant submits that the accused
appellant was on bail during trial and he did not misuse the liberty
of bail. He further submits that the sentence awarded to the
[2024:RJ-JP:40051] (2 of 3) [CRLAS-2427/2024]
applicant-appellant has already been suspended by the trial court
for one month.
Learned Public Prosecutor opposes the application for
suspension of execution of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant 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
appellant during pendency of the instant appeal.
Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentences passed by the learned District & Sessions Judge Baran,
Rajasthan vide judgment dated 22.08.2024 in Sessions Case
No.124/2019 against the appellant-applicant Bhairulal S/o
Bhanwarlal 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.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 21.10.2024 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the applicant changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
[2024:RJ-JP:40051] (3 of 3) [CRLAS-2427/2024]
3. Similarly, if the sureties change their address(s),
he 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 in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant was 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 does 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 /286
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