Rajasthan High Court - Jodhpur
Naresh Kumar @ Nar Singh vs State Of Rajasthan on 15 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension Of Sentence Application (Appeal)
No. 672/2021
In
S.B. Criminal Appeal No.989/2021
Naresh Kumar @ Nar Singh S/o Hari Singh, Aged About 30
Years, R/o Ward No. 13, Bhadra, District Hanumangarh.
(At present lodged in Central Jail, Bikaner)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. D.L. Mothsara
For Respondent(s) : Mr. Gaurav Singh, PP assisted by Ms.
Kamla Goswami
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
15/12/2021
This present application for suspension of sentences under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Naresh Kumar @ Nar Singh, who has been convicted and
sentenced of five years R.I. & Fine of ₹10,000/- & in default of
payment of fine further to undergo three months S.I., by the
learned Additional Sessions Judge, Bhadra, District Hanumangarh
vide judgment dated 05.10.2021 passed in Sessions Case
No.15/2018.
Heard learned counsel appearing for the appellant-applicant
and learned Public Prosecutor and perused the material available
on record.
Learned Public Prosecutor does not wish to file reply to the
application filed for suspension of sentence.
(2 of 3) [SOSA-672/2021]
Arguing on the application for suspension of sentences, it is
submitted by learned counsel for the applicant-appellant that the
appellant has been convicted for the offences under Sections 450,
376/511, 354, 354(A)(II), 323 of IPC; during trial, applicant-
appellant was on bail; appellant is in judicial custody since date of
judgment. Lastly, learned counsel appearing for the applicant-
appellant has submitted that hearing of the appeal is likely to take
time.
Per contra, learned Public Prosecutor opposed the application
for suspension of sentences of the applicant-appellant.
Having regard to the facts and circumstances of the case,
particularly to the facts that during trial, accused applicant-
appellant was on bail and that hearing of the appeal is likely to
take time in near future, therefore, without expressing any opinion
on the merits/demerits of the case, this Court is inclined to
suspend the sentences awarded to the applicant-appellant.
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 learned Additional Sessions
Judge, Bhadra, District Hanumangarh vide judgment dated
05.10.2021 against the appellant-applicant - Naresh Kumar @
Nar Singh S/o Hari Singh shall remain suspend till the final
disposal of the aforesaid appeal and he shall be released on bail
subject to the condition that he shall furnish a personal bond in
the sum of ₹50,000/- with two sound and solvent sureties of
₹25,000/- each to the satisfaction of the learned trial Judge for his
appearance in this Court on 17.01.2022 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
(3 of 3) [SOSA-672/2021]
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.
(DEVENDRA KACHHAWAHA),J
25-Arvind/-
Powered by TCPDF (www.tcpdf.org)
