Rajasthan High Court - Jodhpur
Fula @ Fulchand vs State Of Rajasthan-State on 12 July, 2021
Bench: Sandeep Mehta, Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 385/2021
Fula @ Fulchand S/o Sh. Nanji Gameti, Aged About 42 Years, By
Caste Gameti, R/o Mundavali, P.s. Jhadole, District Udaipur
(Raj.) (At Present Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan-State, Through PP
----Respondent
For Petitioner(s) : Mr. Vivek Sharma
For Respondent(s) : Mr. N.S. Bhati, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment 12/07/2021 The instant application for suspension of sentences under Section 389 Cr.P.C. has been preferred by appellant-applicant Fula @ Fulchand S/o Shri Nanji Gameti who has been convicted and sentenced as below vide judgment dated 14.08.2019 passed by learned Addl. Sessions Judge No.5, Udaipur in Sessions Case No.148/2016:
Offence Under Imprisonment Fine Sentence in Section default of fine 302 IPC Life Imprisonment Rs.10,000/- 3 months' SI We have heard and considered the submissions advanced by Shri Vivek Sharma, Advocate representing the appellant-applicant (Downloaded on 12/07/2021 at 08:54:19 PM) (2 of 3) [SOSA-385/2021] and learned Public Prosecutor and have gone through the impugned judgment and the record.
The appellant was granted bail by this Court vide order dated 29.01.2020 passed in D.B. Criminal Misc. SOS Application (Appeal) No.1219/2019. He failed to appear before this Court on 02.03.2020 in terms of the order of SOS and thus, warrant of arrest was issued against the applicant-appellant. The warrant was executed on 26.11.2020 and since then, he is custody.
It is mentioned in the application that after being granted bail, the applicant-appellant had gone to Telangana for earning his livelihood. In the meantime, Covid pandemic struck and lockdowns were imposed all over the country due to which the appellant could not return to Rajasthan for marking his attendance in this case.
The reasons projected in the application for the appellant's absence seem justified and hence, the application for suspension of sentences deserves to be accepted. Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Addl. Sessions Judge No.5, Udaipur vide judgment dated 14.08.2019 in Sessions Case No.148/2016 (CIS No.345/2016) against the appellant-applicant Fula @ Fulchand S/o Shri Nanji Gameti shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to the condition that he shall furnish personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 16.08.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
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1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. 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.
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 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.
(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J
43-Sudhir Asopa/-
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