Rajasthan High Court - Jodhpur
Narwar Singh vs State on 29 July, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 808/2020
Narwar Singh S/o Shri Gordhan Singh, Aged About 34 Years, By
Caste Rajput, R/o Pawatiya, Kapasan Police Station, Chittorgarh,
District Chittorgarh. (Confined In District Jail Chittorgarh).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. JVS Deora
For Respondent(s) : Mr. Laxman Solanki, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
29/07/2021
Heard learned counsel for the petitioner as well as learned
Public Prosecutor.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that the appellant is behind the bars
for more than seven years and hearing of the appeal will take
sufficient long time to be concluded, this court is of the opinion
that it is a fit case for suspending the substantive sentence
awarded to the accused appellant.
Accordingly, the second 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
Addl. Sessions Judge No.1, Chittorgarh vide judgment dated
21.10.2016 in Sessions Case No.12/2014 against the appellant-
applicant Narwar Singh S/o Shri Gordhan Singh shall remain
(2 of 2) [SOSA-808/2020]
suspended till final disposal of the aforesaid appeal subject to the
condition that the appellant shall deposit the fine amount as
imposed by the learned trial Court and he will be released on bail,
provided he executes a personal bond in the sum of Rs.1,00,000/-
with two sureties of Rs.50,000/- each to the satisfaction of the
learned trial Judge for his appearance in this court on 31.08.2021
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. Appellant 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
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
42-Ishan/-
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