Balraj @ Baja vs State Of Rajasthan
2021 Latest Caselaw 9267 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc IInd Suspension Of Sentence Application (Appeal) No. 284/2021

in

D.B. Criminal Appeal No.194/2018

Balraj @ Baja S/o Shri Chandra Singh, Aged About 43 Years, B/c Jat, R/o Pega, P.s. Aleva District Jind, (Haryana). (At Present Lodged In District Jail Hanumangarh).

----Petitioner Versus State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s) : Mr. Ramavtar Singh Choudhary through VC For Respondent(s) : Mr. Anil Joshi, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Judgment / Order 28/04/2021

Heard learned counsel for the applicant-appellant as well as

learned Public Prosecutor on application for suspension of

sentences.

The first application for suspension of sentences filed on

behalf of appellant was rejected by this Court by order dated

12.01.2021 which is reproduced herein below for the sake of

ready reference:-

"Learned counsel Shri Choudhary candidly concedes that the applicant-appellant has significant criminal antecedents and has also been convicted for the offence under Section 302 IPC in a case at Haryana in which, he continues to be in

(2 of 3) [SOSA-284/2021]

custody. However, he urges that that an appeal in the said matter is pending before Hon'ble the Supreme Court.

Thus, seeking leave to revive the prayer for bail on behalf of the appellant in case of a favorable decision from Hon'ble the Supreme Court, Shri Choudhary craves liberty to withdraw the instant application for suspension of sentences.

Learned Public Prosecutor does not object to the said prayer.

Thus, the instant application for suspension of sentences is dismissed as withdrawn with the liberty prayed for."

Shri Choudhary has placed on record copy of the order dated

19.03.2021, whereby, the appellant has been enlarged on bail by

Hon'ble Supreme Court in the case arising from FIR No.80/2006,

PS Alewa, District Jind, Haryana. In the present case, the

appellant is in custody for the last nearly eight years. The

prosecution has alleged in the present case that the appellant

herein and the convicted co-accused persons, assaulted the police

party, fired gun shots on them and facilitated the abscondance of

the prisoner Ummed Singh who was being taken to the Court in

police custody. On merits, the case of the appellant is herein in no

manner distinguishable from that of the other co-accused person

whose sentences have been suspended by this Court.

In this background and having regard to the over all facts as

available on record, we are inclined to accept this application for

suspension of sentence.

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 the Additional Sessions

(3 of 3) [SOSA-284/2021]

Judge, Bhadra, District Hanumangarh vide judgment dated

06.07.2018 in Sessions Case No.26/2011 against the appellant-

applicant Balraj @ Baja S/o Shri Chandra Singh, shall remain

suspended till final disposal of the aforesaid appeal and he shall be

released on bail, provided he executes a 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 28.05.2021 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(s) 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(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 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

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.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J 5-amit/-

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