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Radhey Shyam @ Babulal vs State on 23 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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)

—-Appellant
Versus
The State of Rajasthan

—-Respondent
__
For Appellant(s) : Mr. Vineet Jain.

For Respondent(s) : Mr. O.P. Rathi, PP.
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
23/01/2018

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

three months.

(2 of 3)
[SOSA-84/2018]

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)
[SOSA-84/2018]

conditions indicated below:-

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

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.

(P.K. LOHRA)J.

a.asopa/-87

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