[2023/RJJD/002030] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1006/2022 Gurtej Singh @ Gejja S/o Albel Singh, Aged About 38 Years, By Caste Jatsikh, R/o Sangatpura, Tehsil And Dist. Sri Ganganagar. (Lodged In Central Jail, Bikaner)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. B.S. Rathore For Respondent(s) : Mr. R.R. Chhaparwal, PP HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI Order 24/01/2023 Heard learned counsel for the parties on the application for suspension of sentence.
The instant application for suspension of sentence has been preferred by the appellant-applicant, who has been convicted and sentenced by the learned Additional Sessions Judge No.1, Sri Ganganagar vide judgment dated 27.03.2019 in Sessions Case No.07/2018 (58/13). The appellant-applicant has been sentenced as under :-
Offence U/s Sentence Fine Sentence in default of payment of fine 302 IPC Life Rs.1,00,000 6 months' S.I.
Imprisonment /-
307 IPC Five years' Rs.20,000/- 1 months' S.I.
R.I.
323 IPC 3 months' S.I. Rs.500/- 7 days' S.I.
Learned counsel for the appellant-applicant has submitted that the trial court has grossly erred in convicting and sentencing the appellant-applicant for the offence under Section 302 I.P.C. It (Downloaded on 24/01/2023 at 11:35:23 PM) [2023/RJJD/002030] (2 of 3) [SOSA-1006/2022] is submitted that from the evidence produced by the prosecution, it appears that the case against the appellant-applicant does not travel beyond Section 304 Part-II IPC. Learned counsel has further submitted that though, the deceased as well as the other prosecution witnesses have alleged that the relations between the appellant-applicant and the deceased were inimical, but no concrete evidence has been produced by the prosecution in this regard. Learned counsel has also submitted that the appellant- applicant is in custody since 15.09.2013, as such, he has already undergone substantial part of his sentence. It is also submitted that final hearing of the appeal is likely to take time, therefore, the sentence awarded to the appellant-applicant may be suspended.
Learned Public Prosecutor has opposed this application for suspension of sentence.
Having considered the totality of facts and circumstances of the case; after carefully scrutinizing the record of the case and particularly taking into consideration the custody period of the appellant-applicant, we consider it just and proper to suspend the substantive sentence awarded to the appellant-applicant.
Accordingly, this application for suspension of sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Additional Sessions Judge No.1, Sri Ganganagar vide judgment dated 27.03.2019 in Sessions Case No.07/2018 (58/13) against appellant-applicant - Gurtej Singh @ Gejja S/o Albel Singh shall remain suspended till final disposal of the aforesaid appeal, provided he executes a (Downloaded on 24/01/2023 at 11:35:23 PM) [2023/RJJD/002030] (3 of 3) [SOSA-1006/2022] 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 27.02.2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the appellant 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, 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 in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- appellant 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 does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(FARJAND ALI),J (VIJAY BISHNOI),J
65-Suraj/Raksha-
(Downloaded on 24/01/2023 at 11:35:23 PM)
Powered by TCPDF (www.tcpdf.org)