HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. Suspension Of Sentence Application
No. 800/2018
in
D.B. Criminal Appeal No. 760/2017
Vikram S/o Shri Balram, aged about 29 years, B/c Bheel, R/o
Tankaria, Street No.7, Sirohi (Raj).
(Presently lodged in Distt. Jail, Sirohi.)
—-Petitioner
Versus
State of Rajasthan
—-Respondent
For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. J.P.S. Choudhary, Public
Prosecutor
HON’BLE MS. JUSTICE NIRMALJIT KAUR
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
06/10/2018
This is the bail application under Section 389 of the Cr.P.C.
for suspension of sentence awarded to the applicant by learned
Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi
in Sessions Case No.1/2016 (26/2013) (C.I.S. No.132/2014)
dated 22.04.2017, vide which, the Sessions Judge has convicted
and sentenced the applicant for offences under Sections 498A
302 IPC.
It is submitted by learned counsel for the applicant that as
per the dying declaration, admittedly, it was the appellant to tried
to save deceased. This fact is further established from the burn
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injury received by him. It is further contended that the allegation
is of throwing kerosene on her from back whereas the burn injury
are in front which falsified the story of the prosecution.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence passed by learned
Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi
in Sessions Case No.1/2016 (26/2013) (C.I.S. No.132/2014)
dated 22.04.2017, against the applicants Vikram S/o Shri Balram
shall remain suspended till the final disposal of the aforesaid
criminal appeal provided he executes a personal-bond in the sum
of Rs.50,000/- along with two sureties in the sum of Rs.25,000/-
each to the satisfaction of the learned Special Judge, SC/ST
(Prevention of Atrocities) Act Cases, Sirohi on the following
conditions:-
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
the changed address in writing to the trial court, High Court as
well as to his counsel in the High Court.
3. Similarly if the sureties change their address, 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 appellant-applicant in a separate file. Such file be
registered as Criminal Misc. Case related to the Sessions Case in
which the accused appellant-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 purpose relating to pendency and disposal of cases in
the trial court. In case the said accused appellant-applicant does
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not appear before the trial court, the learned trial judge shall
report the matter to the High Court for cancellation of bail.
(VINIT KUMAR MATHUR),J (NIRMALJIT KAUR),J
Ramesh/10
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