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2019 DIGILAW 1775 (RAJ)

Janki Lal v. State of Rajasthan

2019-06-10

ABHAY CHATURVEDI

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JUDGMENT 1. Heard learned counsel for the accused-applicant and the learned Public Prosecutor on application for suspension of sentence. 2. Learned counsel for the accused-applicant submits that this is a clear case of rash and negligent driving and no case for the offence under Section 304 Part II of I.P.C. is made out. But learned trial court without any basis has convicted the accused applicant for the said offence. The accused-applicant was on bail during the trial. 3. Upon a consideration of the arguments advanced on behalf of the applicant and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused-applicant. 4. Accordingly, the application for suspension of sentence filed under Section 389 of Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge No. 1, Udaipur Camp Mavli, District Udaipur vide judgment dated 30.05.2019 in Sessions Case No. 44/2015 against the applicant Janki Lal S/o Bheru Lal 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 his appearance in this court on 09.07.2019 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. 5. 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. 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.