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2019 DIGILAW 3046 (RAJ)

Jayantilal v. State

2019-12-17

SANDEEP MEHTA

body2019
JUDGMENT Sandeep Mehta, J. - Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of sentences. 2. Learned counsel Shri Tarun Dhaka representing the applicant-appellant has placed on record the copy of nominal roll of the appellant as per which he had suffered imprisonment of 5 years and 8 months by 13.07.2019. Thus, by now, the appellant has suffered almost 80% of the maximum sentence of 7 years awarded to him by the trial court vide judgment dated 12.07.2019 for the offence under Section 304B IPC. 3. 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 and as the hearing of the appeal is unlikely in near future, 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. 4. 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 Addl. Sessions Jugdge, Bhinmal, District Jalore vide judgment dated 12.07.2019 in Session Case No.25/2014 (CIS No.252/2014) against the appellant-applicant Jayantilal S/o Shri Geparam @ Ganesha Ram 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 17.01.2020 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(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. 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(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.