HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Suspension Of Sentence(Appeal) No. 84 / 2018
Radhey Shyam @ Babulal S/o Sh. Magta Ram, By Caste Khatik,
Resident of Gawaria Ka Bas, Ward No. 4, Nawa, Tehsil Nawa,
District Nagaur (Raj.)
(Presently Lodged in Sub-Jail, Parbatsar, District Nagaur)
The State of Rajasthan
For Appellant(s) : Mr. Vineet Jain.
For Respondent(s) : Mr. O.P. Rathi, PP.
HON’BLE MR. JUSTICE P.K. LOHRA
Applicant-appellant has laid this application for suspension of
sentence under Section 389 Cr.P.C. with prayer to suspend
sentence awarded by learned Addl. Sessions Judge, Parbatsar,
District Nagaur (for short, ‘learned trial Court’), vide its judgment
dated 08.12.2017. Learned trial Court by the impugned
judgment indicted applicant for offence under Section 498A IPC
and handed down sentence of three years’ rigorous imprisonment
with fine of Rs.2,000/- and in default of payment of fine to
undergo simple imprisonment for one month. Likewise, for
offence under Section 304-B IPC handed down sentence of seven
years’ rigorous imprisonment with fine of Rs.10,000/- and in
default of payment of fine to undergo simple imprisonment for
(2 of 3)
It is argued by learned counsel for the applicant that the
applicant has served substantial sentence of four years and four
months out of maximum sentence of seven years. Learned
counsel further submits that final adjudication of the appeal is
likely to take considerable time, therefore, in the backdrop of facts
and circumstances of the case, sentence handed down by the
learned trail Court may be suspended.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
I have bestowed consideration to the arguments advanced at
Bar, perused the impugned judgment and also scanned the
materials available on record.
Having regard to the facts and circumstances of the case and
considering the fact that the applicant has served substantial
sentence handed down to him, I feel persuaded to accept this
application for suspension of sentence.
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 learned Addl. Sessions Judge, Parbatsar,
District Nagaur, vide judgment dated 08.12.2017, in Sessions
Case No.55/2013 against appellant-applicant, Radhey Shyam @
Babulal S/o Shri Magta 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.40,000/-
with two sureties of Rs. 20,000/- each to the satisfaction of the
learned trial Judge for his appearance in this Court on 23.02.2018
and whenever ordered to do so till disposal of the appeal, on the
(3 of 3)
conditions indicated below:-
1. That he will appear before the trial Court in the
month of January every year till the appeal is
2. That if the applicant changes the place of
residence, he will give in writing his 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.
The learned trial Court shall keep the record of attendance of
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 purposes 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.