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2015 DIGILAW 641 (RAJ)

Ramesh Chand v. State of Rajasthan

2015-03-18

GOPAL KRISHAN VYAS

body2015
JUDGMENT 1. - Heard. 2. It is submitted by the counsel for applicant appellant that by an order dated 13.03.2014, the application for suspension of sentence filed by the appellant in this appeal was allowed and applicant appellant was directed to furnish personal bond of Rs. 50,000/- alongwith two sureties to the satisfaction of Additional Sessions Judge, Jaitaran, District Pali in Sessions Case No. 19/2010 to remain present before this Court on 18.04.2014 but after furnishing bail bonds and personal bond, the applicant did not appear before this Court on 18.04.2014, therefore, the co-ordinate Bench passed an order on 06.08.2014 whereby, while forfeiting the bail bond, arrest warrant was issued against the accused appellant. 3. Learned counsel for the appellant submits that after issuing aforesaid arrest warrant, the applicant himself surrendered before the Court, since then he is in judicial custody. 4. Learned counsel for the applicant submits that as per order passed by this Court, proceedings under Section 446 Cr.P.C was also initiated against the sureties as well as against the applicant but amount of surety has already been deposited by the appellant. The accused applicant filed an application under Section 446(3) Cr.P.C with the prayer that proceedings against him may be dropped because due to unavoidable reasons, the petitioner did not appear before this Court on 18.04.2014 therefore, while accepting the prayer of appellant applicant, the proceedings under Section 446 Cr.P.C against him may be dropped and the sentence awarded to him may again be suspended till disposal of the appeal because vide order dated 13.03.2014, his application for suspension of sentence was accepted. 5. Learned Public Prosecutor vehemently opposed the application for suspension of sentence and submits that once the sentence awarded to the applicant was suspended by this Court, then it is his duty to remain present before the Court on stipulated date but did not present, therefore, now he is not entitled for suspension of sentence. 6. Upon a consideration of the arguments advanced on behalf of the appellant and the State the sentence awarded to the accused appellant vide judgment dated 12.02.2014 is hereby suspended. 7. 6. Upon a consideration of the arguments advanced on behalf of the appellant and the State the sentence awarded to the accused appellant vide judgment dated 12.02.2014 is hereby suspended. 7. 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 Additional Sessions Judge, Jaitaran, District Pali vide judgment dated 12.02.2014 in Sessions Case No. 19/2010 against the appellant applicant Ramesh Chand @ Ramesh S/o Udai Ram, shall remain suspended till final disposal of the aforesaid appeal and they 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 his appearance in this court on 18.04.2015 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. 8. 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. The proceeding under Section 446 Cr.P.C initiated against the appellant accused is hereby dropped.Application allowed. *******