Rajasthan High Court - Jodhpur
Anar Singh vs State on 14 January, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 524/2020
Anar Singh S/o Sh. Gangadhar, Aged About 21 Years, B/c Rawat,
R/o Digwar, Ps Sabalgarh, Dist Muraina (Mp) (Presently Lodged
In Central Jail Jodhpur).
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Ms. Laxmi Ramawat
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment / Order
14/01/2021
This is second application for suspension of sentences filed
on behalf of the appellant-applicant Anar Singh S/o Shri
Gangadhar, who has been convicted and sentenced by learned
Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi vide
judgment dated 18.12.2018 passed in Sessions Case No.06/2016
(10/2016).
Learned Public Prosecutor has chosen not to file reply to the
application for suspension of sentences and proposed to argue the
matter orally.
Heard learned counsel for the appellant-application, learned
Public Prosecutor and perused the material available on record.
The appellant has been convicted and sentenced for the
alleged murder of Geeta Devi fueled with the motive of robbery.
(2 of 3) [SOSA-524/2020]
The sole incriminating circumstance appearing against the
appellant is in the form of recovery of mobile instrument (Nokia-
1208) effected after about twenty days of the incident. On going
through the evidence available on record, it is apparent that there
is a significant discrepancy regarding the IMEI number of the
mobile instrument recovered from the appellant and the one
allegedly used by the deceased. The appellant is in custody for a
period in excess of five years. Hearing of the appeal is unlikely in
near future.
In this background, we are inclined to suspend the sentences
awarded to the accused-appellant by the trial court, during
pendency of appeal. 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 Special
Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi vide
judgment dated 18.12.2018 in Sessions Case No.06/2016
(10/2016) against the appellant-applicant Anar Singh S/o Shri
Gangadhar 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
satisfaction of the learned trial Judge for his appearance in this
court on 15.02.2021 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
(3 of 3) [SOSA-524/2020]
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.
(VINIT KUMAR MATHUR),J (SANDEEP MEHTA),J
19-Sudhir Asopa/-
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