Rajasthan High Court - Jodhpur
Balveer Singh vs State Of Rajasthan on 13 December, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
(Appeal) No. 223/2021
In
S.B. Criminal Revision Petition No. 761/2021
Balveer Singh S/o Sahib Singh Choudhary, Aged About 56 Years,
R/o Narena, Tehsil Noorpur, District Kangda (Himachal Pradesh)
(Presently Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc Suspension of Sentence Application
(Appeal) No. 220/2021
In
S.B. Criminal Revision Petition No. 758/2021
Lakha Singh S/o Tek Singh, Aged About 48 Years, B/c Jat Sikh,
R/o Bicholiya, Presently R/o 06 J.K.M., Tehsil Raisinghnagar, Dist.
Sriganganagar (Raj.).
(At Present Lodged In Central Jail, Sriganganagar).
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
S.B. Criminal Misc Suspension of Sentence Application
(Appeal) No. 225/2021
In
S.B. Criminal Revision Petition No. 765/2021
Shivraj S/o Shri Vidhi Chand Choudhary, Aged About 78 Years,
R/o Raja Ka Talab, Tehsil Nurpur, District Kangra (Himachal
Pradesh).
(At Present Lodged In Central Jail, Sriganganagar)
----Petitioner
Versus
State of Rajasthan, Through PP
(2 of 10)
----Respondent
S.B. Criminal Misc Suspension of Sentence Application
(Appeal) No. 226/2021
In
S.B. Criminal Revision Petition No. 766/2021
Shivraj S/o Sh. Vidhi Chand Choudhary, Aged About 78 Years,
Raja Ka Talab, Tehsil Nurpur, Dist. Kangra (Hp).
(At Present Lodged In Central Jail, Sriganganagar).
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shree Kant Verma in S.B. Criminal
Revision Petition No. 761/2021.
Mr. Suresh Nehra in S.B. Criminal
Revision Petition No. 758/2021
Mr. Navneet Poonia in S.B. Criminal
Revision Petition No. 765/2021 &
766/2021.
For Respondent(s) : Mr. Gaurav Singh, P.P
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
13/12/2021
In S.B. Criminal Revision Petition No. 761/2021:-
The applicant herein stands convicted and sentenced vide
judgment dated 15.09.2021 passed by learned Additional Sessions
Judge, Raisinghnagar, District Sriganganangar in Criminal Appeal
No. 36/2010 (CIS No. 39/2014)as under:-
Offence Sentence Fine Fine Default
sentences
Section 419/120-B IPC - Rs.1000/- 2 Months' S.I.
Section 420/120-B IPC 1 Year S.I Rs.1500/- 3 Months' S.I.
Section 467/120-B IPC 2 Years' S.I Rs.3000/- 6 Months' S.I.
Section 468/120-B IPC 1 Year S.I Rs.1500/- 3 Months' S.I.
(3 of 10)
Section 471/120-B IPC 2 Years' S.I. Rs.3000/- 6 Months' S.I.
Learned counsel for the applicant submits that applicant has
identified the parties to the Power of Attorney; he is not the
executor of the document; no other criminal case is pending
against him. In the above circumstances, learned counsel for the
applicant prays to allow this application seeking suspension of
sentence passed by the learned trial Court.
Learned Public Prosecutor opposes the application seeking
suspension of sentence.
Heard learned counsel for the applicant as well as learned
Public Prosecutor.
Having regard to the submissions of the learned counsel for
the parties and after perusal of the record in the facts and
circumstances of the case, particularly the fact that applicant is
not the executor of the document, this Court deems it to be a fit
case to suspend the sentences awarded by the learned trial Court.
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 learned Additional
Sessions Judge, Raisinghnagar, District Sriganganangar vide
judgment dated 15.09.2021 in Criminal Appeal No. 36/2010 (CIS
No. 39/2014) against applicant Balveer Singh S/o Sahib Singh
Choudhary 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 24.01.2022 and
(4 of 10)
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That applicant 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(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.
In S.B. Criminal Revision Petition No. 758/2021:-
The applicant herein stands convicted and sentenced vide
judgment dated 15.09.2021 passed by learned Additional Sessions
Judge, Raisinghnagar, District Sriganganangar in Criminal Appeal
No. 39/2010 (CIS No. 35/2014)as under:-
Offence Sentence Fine Fine Default
sentences
Section 420/120-B IPC 1 Year S.I Rs.2000/- 3 Months' S.I.
Section 447 IPC 3 Months' S.I - -
Section 427 IPC 1 Year S.I - -
(5 of 10)
Learned counsel for the applicant submits that applicant is
bonafide purchaser of the disputed land; no other criminal case is
pending against him; he is not in possession of the disputed land
and he will not claim any title on the basis of disputed Power of
Attorney and sale deed. In the above circumstances, learned
counsel for the applicant prays to allow this application seeking
suspension of sentence passed by the learned trial Court.
Learned Public Prosecutor opposes the application seeking
suspension of sentence.
Heard learned counsel for the applicant as well as learned
Public Prosecutor.
Having regard to the submissions of the learned counsel for
the parties and after perusal of the record in the facts and
circumstances of the case, this Court deems it to be a fit case to
suspend the sentences awarded by the learned trial Court.
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 learned Additional
Sessions Judge, Raisinghnagar, District Sriganganangar vide
judgment dated 15.09.2021 in Criminal Appeal No. 39/2010 (CIS
No. 35/2014) against applicant Lakha Singh S/o Tek 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 24.01.2022 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
(6 of 10)
1. That applicant 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(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.
In S.B. Criminal Revision Petition No. 765/2021:-
The applicant herein stands convicted and sentenced vide
judgment dated 15.09.2021 passed by learned Additional Sessions
Judge, Raisinghnagar, District Sriganganangar in Criminal Appeal
No. 37/2010 (CIS No. 29/2014)as under:-
Offence Sentence Fine Fine Default
sentences
Section 419/120-B IPC - Rs.1000/- 2 Months' S.I.
Section 420/120-B IPC 1 Year S.I Rs.1500/- 3 Months' S.I.
Section 467/120-B IPC 2 Years' S.I Rs.3000/- 6 Months' S.I.
Section 468/120-B IPC 1 Year S.I Rs.1500/- 3 Months' S.I.
Section 471/120-B IPC 2 Years' S.I. Rs.3000/- 6 Months' S.I.
(7 of 10)
Learned counsel for the applicant submits that Power of
Attorney of the disputed land of the Milkha Singh was not
executed by him rather it was executed by Hari Ram in his favour
and on the basis of that Power of Attorney he executed sale deed
in favour of Lakha Singh; the present case is regarding the sale
deed in favour of the Lakha Singh; the main accused Hari Ram
has died; there is no likelihood of hearing of appeal in the near
future; applicant will not insist upon the genuineness of the
alleged Power of Attorney. In the above circumstances, learned
counsel for the applicant prays to allow this application seeking
suspension of sentence passed by the learned trial Court.
Learned Public Prosecutor opposes the application seeking
suspension of sentence.
Heard learned counsel for the applicant as well as learned
Public Prosecutor.
Having regard to the submissions of the learned counsel for
the parties and after perusal of the record in the facts and
circumstances of the case, this Court deems it to be a fit case to
suspend the sentences awarded by the learned trial Court.
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 learned Additional
Sessions Judge, Raisinghnagar, District Sriganganangar vide
judgment dated 15.09.2021 in Criminal Appeal No. 37/2010 (CIS
No. 29/2014) against applicant Shivraj S/o Shri Vidhi Chand
Choudhary 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
(8 of 10)
Judge for his appearance in this court on 24.01.2022 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That applicant 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(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.
In S.B. Criminal Revision Petition No. 766/2021:-
The applicant herein stands convicted and sentenced vide
judgment dated 15.09.2021 passed by learned Additional Sessions
Judge, Raisinghnagar, District Sriganganangar in Criminal Appeal
No. 20/2010 (CIS No. 30/2014)as under:-
Offence Sentence Fine Fine Default
sentences
Section 406 IPC 3 Years' S.I. - -
Section 420 IPC 3 Years' S.I Rs.1000/- 1 Month S.I.
(9 of 10)
Learned counsel for the applicant submits that Power of
Attorney of the disputed land of the Milkha Singh was not
executed by him rather it was executed by Hari Ram in his favour
and on the basis of that Power of Attorney he executed sale deed
in favour of Madan Singh; the present case is regarding the sale
deed in favour of the Madan Singh; the main accused Hari Ram
has died; there is no likelihood of hearing of appeal in the near
future; applicant will not insist upon the genuineness of the
alleged Power of Attorney. In the above circumstances, learned
counsel for the applicant prays to allow this application seeking
suspension of sentence passed by the learned trial Court.
Learned Public Prosecutor opposes the application seeking
suspension of sentence.
Heard learned counsel for the applicant as well as learned
Public Prosecutor.
Having regard to the submissions of the learned counsel for
the parties and after perusal of the record in the facts and
circumstances of the case, this Court deems it to be a fit case to
suspend the sentences awarded by the learned trial Court.
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 learned Additional
Sessions Judge, Raisinghnagar, District Sriganganangar vide
judgment dated 15.09.2021 in Criminal Appeal No. 20/2010 (CIS
No. 30/2014) against applicant Shivraj S/o Shri Vidhi Chand
Choudhary 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
(10 of 10)
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 24.01.2022 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That applicant 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(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.
(RAMESHWAR VYAS),J
17-20-rahul arya/-
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