Rahul vs State of Rajasthan

Kailash Chandra Joshi, V.J.

Heard learned Counsel for the convict-Appellant and learned Public Prosecutor for the State on application u/s 389 of Code of Criminal Procedure for suspension of sentence.

Learned Counsel for the Appellants submits the accused-Appellant has been convicted and sentenced for the offence under Sections 307 and 323 of IPC and maximum sentence awarded to the accused-Appellant is of five years rigorous imprisonment. He further submits that during trial the accused-Appellant was on bail, therefore, during the pendency of the criminal appeal, the sentence awarded to the accused-Appellant may be suspended.

Per contra, learned Public Prosecutor opposed the bail (SOS) application.

I have considered the rival arguments advance by the parties and perused the judgment of the trial court. Looking to the facts and circumstances of the case and the sentence awarded by the learned trial court, I consider it just and proper to suspend the substantive sentence of imprisonment awarded to the accused Appellant-applicant.

Accordingly, the bail application is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge, (Fast Track), Dungarpur in Sessions Case No. 37/2009 vide his judgment dated 17.05.2011 against the convict-Appellant, Rahul S/o Mohan Lal, shall remain suspended till the final disposal of aforesaid criminal appeal provided each of them executes a personal bond in the sum of Rs. 20,000/- along with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the trial court for his appearance in this Court on 01.07.2011 and whenever called upon to do so, with the incorporation in the bond that as and when he shall shift his place of residence, he shall intimate to this Court and his lawyer about his new place of residence.