Amandeep Singh vs State Of Rajasthan (2024:Rj-Jd:25017)

Rajasthan High Court - Jodhpur

Amandeep Singh vs State Of Rajasthan (2024:Rj-Jd:25017) on 30 May, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:25017]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 586/2024

Amandeep Singh S/o Gurdeep Singh, Aged About 28 Years, B/c
Mehra Sikh R/o 20-B Block Ps Kotwali Sriganganagar Raj.
(Presently Lodged In Central Jail Sriganganagar And Behind The
Bar Since 9-6-2023 In Present Case)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. MM Dhera
For Respondent(s)         :     Mr. Mukesh Trivedi, PP with
                                Ms. Anita Gehlot, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 30/05/2024 Heard the parties and perused the material available on record.

Learned counsel for the appellant submits that the appellant has been found to be positive for Hepatitis C throughout the last five months and now his condition has become very serious.

Learned Public Prosecutor has also verified the fact about the seriousness of the allegation.

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the appellant was on bail during the trial and hearing of the appeal is likely to take time, therefore, this court is of the opinion that it is a fit case for (Downloaded on 30/05/2024 at 09:08:50 PM) [2024:RJ-JD:25017] (2 of 3) [SOSA-586/2024] suspending the substantive sentence awarded to the accused appellant.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Special Judge, POCSO Act Cases No.1, Sriganganagar, vide judgment dated 09.06.2023 in Sessions Case No.98/2018 against the appellant-applicant Amandeep Singh S/o Gurdeep Singh, shall remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit 50% of the fine amount as imposed by the learned trial Court and he shall be released on bail, provided he 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 his appearance in this court on 05.08.2024 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 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, they will give in writing their changed address to the trial Court.

4. Appellant shall deposit 50% of fine amount as imposed by the learned trial court.

The learned trial Court shall keep the record of attendance of the 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 (Downloaded on 30/05/2024 at 09:08:50 PM) [2024:RJ-JD:25017] (3 of 3) [SOSA-586/2024] 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 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 3-Arjun/-

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