Shyam Singh vs State
2021 Latest Caselaw 15492 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1038/2019

Shyam Singh S/o Shri Khinv Singh, Aged About 35 Years, By Caste Rajput, R/o Kasumbi, Tehsil Rajgarh, District Churu. (At Present Lodged In Sub Jail, Rajgarh).

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


For Petitioner(s)        :     Mr. D.K. Gaur
For Respondent(s)        :     Mr. A.R. Choudhary, P.P.



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                                    Order

05/10/2021

Heard learned counsel for the parties on suspension of

sentence application.

Learned counsel for the appellant has submitted that the

appellant was awarded ten years of rigorous imprisonment by the

trial court vide judgment dated 10.02.2017. It is also submitted

that the appellant was remained in custody at the time of trial of

case. It is argued that till date, the appellant has undergone six

years and six months of sentence out of ten years of sentence and

taking into consideration this fact, sentence awarded by the trial

court may kindly be suspended as the appeal filed by the

appellant is not likely to be heard in near future.

Having considered the totality of facts and circumstances of

the case, I consider it just and proper to suspend the substantive

(2 of 3) [SOSA-1038/2019]

sentence awarded to the accused appellant.

Accordingly, this Suspension of Sentence Application filed

under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 10.02.2017 in Sessions Case No.13/2007 (32/2008)

(30/2010) against appellant Shyam Singh S/o Shri Khinv Singh,

shall remain suspended till final disposal of the aforesaid appeal,

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 08.11.2021

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 appellant 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,

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-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant was tried and convicted. A copy of this order shall also

(3 of 3) [SOSA-1038/2019]

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-appellant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(VIJAY BISHNOI),J

218-Taruna/-

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