Himmat Singh @ Hathi Singh S/O ... vs State Of Rajasthan
2021 Latest Caselaw 3455 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR
     S.B. Criminal Misc. Suspension of Sentence Application
                             No.183/2020
                                      IN

              S.B. Criminal Appeal No. 1539/2019

Himmat Singh @ Hathi Singh S/o Jagdish Singh, R/o Dhamora,
Police Station Gudha Gorji, Distt. Jhunjhunu Raj. (At Present In
Distt. Jail Jhunjhunu)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Appellant(s) : Mr. Ajay Kumar Tanenia present in the Court For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

05/08/2021

1. Heard on application for suspension of sentence.

2. It is contended by counsel for the appellant that appellant

has remained in custody for a period of two years and six months.

The sentence imposed by the Court is ten years. The allegation

against the appellant is of causing injury with an iron rod on the

head of Bhawani Singh. As per the doctor, if Bhawani Singh was

not operated, the injury might have been dangerous to life. It is

also contended that appellant was on bail during trial. Disposal of

appeal will take time.

3. Learned Public Prosecutor has opposed the application for

suspension of sentence.

(2 of 2) [SOSA-183/2020]

4. I have considered the contentions.

5. Taking note of the fact that injury caused on the head of the

injured was of size of 2.5x0.5cm Medical evidence is to the effect

that if the injured would not be treated, the injury might have

been dangerous to life, appellant was on bail during trial and he

has remained in custody for a period of two years and six months

and disposal of appeal will take time, I deem it proper to allow the

application for suspension of sentence.

6. Accordingly, the application for suspension of sentence is

allowed. It is ordered that the sentence awarded to accused-

applicant in Sessions Case No.130/2017 (100/2017) C.I.S.

No.144/2017 shall remain suspended if the appellant furnishes a

personal bond of Rs.1,00,000/- (Rupees One Lac only) together

with two sureties in the sum of Rs.50,000/- (Rupees Fifty

Thousand only) each to the satisfaction of the learned trial Court

to the effect that he shall appear before this Court as and when

called upon to do so.

(PANKAJ BHANDARI),J

ARTI SHARMA /28

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