Nathu Singh vs State
2021 Latest Caselaw 6209 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 371/2020

Nathu Singh S/o Sh. Heem Singh, Aged About 30 Years, B/c Rajput, R/o Solankiyon-Ki-Bhagal-Sema, P.s. Khamnor, Dist. Rajsamand, (Raj.).

(Presently Lodged In Central Jail, Udaipur).

                                                                  ----Petitioner
                                   Versus
State, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Vikram Singh
For Respondent(s)        :     Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

02/03/2021 Heard learned counsel for the applicant as well as learned

Public Prosecutor on the application for suspension of sentence.

Perused the order and judgment impugned.

Learned counsel for the applicant submits that the applicant

has suffered incarceration since 23.7.2014. He further submits

that the co-accused Smt. Anchi Bai who is similarly situated to

the present applicant, her sentence has been suspended by this

Court vide order dated 03.05.2017. He further submits that even

as per the testimony of P.W.1 and P.W.2, the case of the present

applicant stands on similar footing to that of co-accused Smt.

Anchi Bai. He further submits that the hearing of the appeal is

(2 of 3) [SOSA-371/2020]

likely to take time. He therefore, prays that the sentence awarded

to the applicant may be suspended.

Learned Public Prosecutor opposes the application for

suspension of sentence.

Having regard to the peculiar facts and circumstances of the

case, this Court deems it just and proper to suspend the

sentences awarded to the accused-applicant.

Accordingly, the present second application for suspension

of sentence filed under Section 389 of Cr.P.C. is allowed and it is

ordered that the sentence awarded by the learned Additional

Sessions Judge, Nathdwara, District Rajsamand vide Judgment

dated 04.08.2016 in Sessions Case No. 21/2014 against the

applicant - Nathu Singh S/o Sh. Heem 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. 1,00,000/- (Rupees One Lac Only) with two sureties of Rs.

50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of

the learned trial Judge for his appearance in this court on

05.04.2021 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-371/2020]

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.

(MANOJ KUMAR GARG),J (VINIT KUMAR MATHUR),J

5-VivekM/Inder-

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