Jagveer Singh @ Macha Singh vs State Of Rajasthan (2024:Rj-Jd:23498)

Rajasthan High Court - Jodhpur

Jagveer Singh @ Macha Singh vs State Of Rajasthan (2024:Rj-Jd:23498) on 23 May, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:23498]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 595/2024

1.       Kamal Singh S/o Shri Harbansh Singh, Aged About 23
         Years, R/o Ward No. 5 Mohanpura, Police Station Sadar
         Sriganganagar, District Sriganganagar.
2.       Kala Singh @ Kala S/o Shri Harbansh Singh, Aged About
         27 Years, R/o Ward No. 5 Mohanpura, Police Station
         Sadar Sriganganagar, District Sriganganagar.
                     (Present Lodged At Central Jail, Sriganganagar)
                                                                  ----Petitioners
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent
                              Connected With
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 656/2024
Jagveer Singh @ Macha Singh S/o Kuldeep Singh, Aged About
21 Years, R/o Ward No. 05, Mohanpura P.s. Sadar, Dist. Sri
Ganganagar.
                 (At Present Lodged In Central Jail, Sri Ganganagar)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Rajesh Saharan
                                Mr. Achala Ram
For Respondent(s)         :     Mr. Mukesh Trivedi, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 23/05/2024 Heard learned counsels for the appellants and learned Public Prosecutor and perused the material available on record. (Downloaded on 23/05/2024 at 08:42:25 PM) [2024:RJ-JD:23498] (2 of 3) [SOSA-595/2024] Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case including the facts that the appellants were on bail during the trial and there is no chance of hearing of the appeals in near future, this Court is of the opinion that it is a fit case for suspending the substantive sentences awarded to the accused appellants.

Accordingly, both the applications for suspension of sentence filed under Section 389 Cr.P.C. are allowed and it is ordered that the substantive sentence passed by the learned Additional Sessions Judge No.2, Sriganganagar, vide judgment dated 05.04.2024 in Sessions Case No.28/2022 (CIS No.76/2022) against the appellants-applicants (1) Kamal Singh S/o Shri Harbansh Singh, (2) Kala Singh @ Kala S/o Shri Harbansh Singh & (3) Jagveer Singh @ Macha Singh S/o Kuldeep Singh, shall remain suspended till final disposal of the aforesaid appeals and they shall be released on bail subject to deposit of 50% of the fine amount as imposed by the learned trial Court and provided each of them executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 25.07.2024 and whenever ordered to do so till the disposal of the appeals on the conditions indicated below:-

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.

[2024:RJ-JD:23498] (3 of 3) [SOSA-595/2024]

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

4. Appellants shall deposit 50% of the fine amount as imposed by the learned 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 161 & 162-MS/-

(Downloaded on 23/05/2024 at 08:42:25 PM) Powered by TCPDF (www.tcpdf.org)