Buddharam S/o Handuram vs State of Rajasthan Through PP

Heard learned counsel for the accused appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 3.7.2017 passed by

learned Additional District and Sessions Judge No.3, Bharatpur

(Raj.), whereby the accused appellant has been convicted for the

offence punishable under Sections 326, 308, 341 & 323 IPC and

has been sentenced with maximum of 03 years rigorous

imprisonment alongwith fine.

Learned counsel for the accused appellant submits that the

accused was on bail during trial and his sentence has already been

suspended by the learned trial court uptill 22.8.2017. The appeal

is likely to take time for final disposal. There are sufficient grounds

to challenge the impugned judgment of conviction as mentioned in

the memo of appeal. Hence, the accused-appellant be enlarged on

bail while suspending the sentence.

Learned Public Prosecutor has vehemently opposed the

application for suspension of sentence and submits that the

accused appellant does not deserve the indulgence of suspension

of sentence and his application be therefore dismissed.

Without expressing any opinion on the merits and taking into

consideration all the grounds mentioned in the memo of appeal

assailing the judgment impugned dated 3.7.2017, I am inclined to

suspend the sentence awarded to the accused appellant till

disposal of the appeal.

It is accordingly ordered that the sentence awarded by the

learned Trial Court to the accused appellant in Sessions Case No.

37/2012 shall remain suspended till the final disposal of the

appeal; provided he executes a personal bond in the sum of Rs.

40,000/- along with two sureties in the sum of Rs.20,000/- each

to the satisfaction of the trial court for his appearance on

16.8.2017 and as and when called upon to do so before this Court

along with following conditions:-

(1) that the accused appellant shall inform this court his complete and new address, whenever he changes his residence during the pendency of appeal.

(2) The accused appellant shall appear before learned trial court during the month of January in every year till the appeal is disposed off.

(3) The sureties will also undertake to ensure compliance of above two conditions and will also inform his new and correct address, whenever he changes his place of residence.

The learned trial court shall keep the record of attendance of

the accused appellant in a separate file. Such file be registered as

Criminal Misc. Case related to the Sessions Case in which the

accused appellant 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

accused appellant does not appear before the trial court, the

learned trial judge shall report the matter to the High Court for

cancellation of bail.

Accordingly, the application for suspension of sentence is

disposed off.