Manish vs State Of Rajasthan

Heard learned counsel for the parties. Perused the material on record.

The appellant applicant herein stands convicted for the offences under Sections 450, 324, 326 and 307 of the IPC vide judgment dated 06.10.2017

passed by the learned Sessions Judge, Bhlwara in Sessions Case No.142/2016.

As per the custody certificate filed on record by learned counsel Shri Bora, the applicant appellant has undergone imprisonment of 6 years 1 month as

on date. He has been awarded maximum imprisonment of 10 years on the counts of Sections 326, 450 and 307 IPC. The State as well as the

complainant have filed appeals being aggrieved of the quantum of sentence and seeking award of compensation for the injured persons. Manifestly

thus, hearing of these multiple appeals is unlikely in the near future looking to the large of cases being listed in the Court.

In this background and, having regard to the peculiar facts and circumstances as available on record, I am inclined to suspend the sentences awarded

to the applicant-appellant during pendency of the appeal.

Accordingly, the application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the

learned Sessions Judge, Bhilwara, vide judgment dated 06.10.2017 in Sessions Case No.142/2016 against the appellant-applicant Manish, 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.1,00,000/-

with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 17.03.2020 and whenever

ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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.

Similarly, if the sureties change their address(s), they 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(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 appellant shall furnish an undertaking that he shall not try to contact or threaten any of the victims after being released on bail. In case, any

complaint is received in this regard, this Court shall be compelled to cancel the bail so granted to the accused. The cases of all the victims shall be

forthwith referred to the District Legal Service Authority, Bhilwara for grant of compensation under the Victim Compensation Scheme.