Rajasthan High Court - Jodhpur
Hakam Singh vs State on 6 January, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1123/2020
1. Hakam Singh S/o Rai Singh, Aged About 45 Years, B/c
Rajput, R/o Village Harsani Tehsil Gadra Road, District
Badmer.
2. Bhoor Singh S/o Rai Singh, Aged About 30 Years, B/c
Rajput, R/o Village Harsani Tehsil Gadra Road, District
Badmer.
3. Prabhura Ram S/o Rana Ram, Aged About 46 Years, R/o
Village Harsani Tehsil Gadra Road, District Badmer.
4. Jamaludeen @ Keencha Khan S/o Meera Khan, Aged
About 39 Years, B/c Muslman, R/o Moyla Kumhar,
Kumharo Ki Dhani, Harsani, District Badmer.
----Appellants
Versus
State, Through Pp
----Respondent
For Appellant(s) : Mr. Sumer Singh Rathore, through
V.C.
For Respondent(s) : Mr. Sudhir Tak, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/01/2021
Heard.
Admit.
Call for record.
Heard learned counsel for the appellants through video call
and learned Public Prosecutor on application for suspension of
sentence No.901/2020.
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
(2 of 3) [CRLAS-1123/2020]
of the case, this Court is of the opinion that it is a fit case for
suspending the substantive sentences awarded to the accused
appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentences passed by the learned Special Judge, SC/ST
Cases (Prevention of Atrocity Cases) Jaisalmer, vide judgment
dated 05.12.2020 in Sessions Case No.25/2014 against the
applicants (1) Hakam Singh S/o Rai Singh, (2) Bhoor Singh S/o
Rai Singh, (3) Prabhura Ram S/o Rana Ram & (4) Jamaludeen @
Keencha Khan S/o Meera Khan, shall remain suspended till final
disposal of the aforesaid appeal and they shall be released on bail
subject to deposit the fine amount as imposed by the learned trial
Court, provided they execute a personal bond in the sum of
Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
court on 08.02.2021 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
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.
4. Appellants shall deposit the fine amount as
imposed by the learned 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
(3 of 3) [CRLAS-1123/2020]
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.
(MANOJ KUMAR GARG),J
51-Ishan/-
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