Rajasthan High Court - Jodhpur
Virender Singh vs State Of Rajasthan (2025:Rj-Jd:788) on 7 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:788]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1570/2024
(1) Virender Singh S/o Shri Shesha Singh, Aged About 36 Years,
R/o Kachbali Kherawari, P.s. Devgarh, Distt. Rajsamand, Raj.
(2) Mahinder Singh S/o Shri Madhu Singh, Aged About 30 Years,
R/o Rawli Ki Gunwar, P.s. Devgarh, Distt. Rajsamand, Raj.
(Present Lodged In Distt. Jail, Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1711/2024
Sukhdev Singh S/o Girdhari Singh, Aged About 36 Years, R/o
Fatehpuriya, Doyam Beawar City, Ps Beawar City, Dist. Ajmer.
(Lodged In Dist. Jail Rajsamand.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. TRS Sodha
Mr. Ambalal MP
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. OP Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 07/01/2025 Heard learned counsel for the appellants and learned Public Prosecutor on both the applications for suspension of sentence. (Downloaded on 07/01/2025 at 09:36:43 PM) [2025:RJ-JD:788] (2 of 3) [SOSA-1570/2024] 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 sentence awarded to the accused appellants.
Accordingly, both the applications for suspension of sentence filed under Section 389 Cr.P.C. (Section 430 of BNSS) are allowed and it is ordered that the sentence passed by the learned Sessions Judge, Rajsamand, vide judgment dated 06.11.2024 in Sessions Trial Case No.43/2017 (CIS No.89/2017) against the applicants (1) Virender Singh S/o Shri Shesha Singh, (2) Mahinder Singh S/o Shri Madhu Singh & (3) Sukhdev Singh S/o Girdhari Singh, shall remain suspended till final disposal of the aforesaid appeals and they shall be released on bail, 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 24.02.2025 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.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.(Downloaded on 07/01/2025 at 09:36:43 PM)
[2025:RJ-JD:788] (3 of 3) [SOSA-1570/2024] 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 146 & 147-MS/-
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