Rajasthan High Court - Jodhpur
Kamlendra Singh vs State Of Rajasthan on 5 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 392/2021
Kamlendra Singh S/o Govind Singh, Aged About 25 Years, R/o
Malnawas, Kanod Police Station, Kanod, Dist. Udaipur. (Lodged
In Dist. Jail, Nathdwara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mridul Jain, Mr. Bhagat Dadhich
For Respondent(s) : Mr. Anda Ram Choudhary, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
05/07/2021
The instant application for suspension of sentence
under Section 389 CrPC is preferred on behalf of the appellant-
applicant Kamlendra Singh S/o Govind Singh, who has been
convicted and sentenced for the offences under Sections 498-A
and 304-B IPC vide the judgment dated 03.03.2021 passed by
learned Additional Sessions Judge, Nathdrawa in Sessions Case
No.1/2019.
I have heard and considered the submissions advanced
by the learned counsel for the appellant, learned Public Prosecutor
and have gone through the impugned judgment as well as the
record.
It is an admitted position that the deceased Hema had
come to her father's house about 20 days before the incident. Her
dead body was found in a well, whereafter the FIR came to be
(2 of 3) [SOSA-392/2021]
lodged with the allegation that she was harassed and humiliated in
the matrimonial home on account of demand of dowry. However,
Daku Kanwar (P.W.7), mother of the deceased, stated in her
examination-in-chief that Hema was mentally unstable and thus,
she died. The appellant was on bail during trial.
In this background and having regard to the entirety of
the facts and circumstances of the case, this court is of the
opinion that it is a fit case for grant of indulgence of bail to the
appellant-applicant by suspending the sentences awarded to him
by the trial court during the pendency of the appeal.
Accordingly, the 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,
Nathdwara vide judgment dated 03.03.2021 in Sessions Case
No.1/2019 against the appellant-applicant Kamlendra Singh S/o
Govind 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 06.08.2021 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he 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.
(3 of 3) [SOSA-392/2021]
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.
(SANDEEP MEHTA),J
110-Pramod/-
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