Diwan Singh S/O Shri Amar Singh vs State Of Rajasthan
2021 Latest Caselaw 4135 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR
  D.B. Criminal Misc. 2nd Application for Suspension of Sentences
                                No. 735/2021
                                        In

               D.B. Criminal Appeal No. 453/2016

Diwan Singh S/o Shri Amar Singh R/o Daupura, Police Station
Baseri, District Dholpur, (Raj.) (At present serving sentence at
central Jail Bharatpur)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan Through PP
                                                                 ----Respondent

For Appellant(s)          :     Mr. Atul Saxena
For Respondent(s)         :     Mr. Javed Choudhary, PP



           HON'BLE MR. JUSTICE SANDEEP MEHTA
          HON'BLE MR. JUSTICE RAMESHWAR VYAS

                                     Order

27/08/2021

The instant application for suspension of sentences under

Section 389 Cr.P.C. has been preferred by appellant-applicant

Diwan Singh who has been convicted and sentenced vide

judgment dated 06.04.2016 passed by learned Additional Sessions

Judge, Baadi District Dholpur in Sessions Case No.51/2013 as

below:-

Offence            Sentence               Fine                   Fine  Default
                                                                 sentences
U/s 302            Life                   Rs.5,000/-             6 months' R.I.
                   Imprisonment

Learned Public Prosecutor has chosen not to file reply to the

application and proposes to argue the matter orally.

(2 of 3) [sosa-735/2021]

We have heard and considered the submissions advanced by

learned counsel for the parties and have gone through the

material available on record.

The accused-appellant was arrested in this case on

13.05.2013 and since then he is continuously in custody. The third

application for suspension of sentences (No. 570/2021) filed on

behalf of the co-accused Sugreev Singh has been accepted by this

court vide order dated 16.08.2021 after detailed consideration on

merits. The prosecution projected Shankar (PW-9) to be the eye-

witness of the incident. However his name was not mentioned in

the FIR. PW-5 Smt. Julie admitted in her cross-examination that

Shanker was at Delhi on the date of incident. Except recovery of

the weapon effected from the appellant herein, there is no

difference in his case and the case of Sugreev who has since been

enlarged on bail.

In this background and having regard to the overall facts and

circumstances of the case, we are inclined to suspend the

sentences awarded to the appellant by the trial court during

pendency of this appeal.

Accordingly, the instant second application for suspension of

sentences filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by learned Additional Sessions

Judge, Baadi District Dholpur vide the judgment dated 06.04.2016

in Sessions Case No.51/2013 against the appellant-applicant

Diwan Singh S/o Shri Amar Singh shall remain suspended till final

disposal of the aforesaid appeal and he shall be released on bail

subject to the condition that he shall furnish personal bond in the

sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the

(3 of 3) [sosa-735/2021]

satisfaction of the learned trial Judge for his appearance in this

court on 27.09.2021 and whenever ordered to do so till the

disposal of the appeal 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.

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.

                                    (RAMESHWAR VYAS),J                                             (SANDEEP MEHTA),J




                                   Sudhir/ashu /3









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