Rajasthan High Court - Jodhpur
Gabbar Singh vs State Of Rajasthan on 27 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 853/2021
Gabbar Singh S/o Shri Bhure Lal, Aged About 22 Years, R/o
Behat, District Gwalior (Mp) (Confined In District Jail,
Rajsamand)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. JVS Deora
For Respondent(s) : Mr. SS Rajpurohit PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
27/10/2021
Heard.
Admit. Learned Public Prosecutor accepts notice on behalf of
respondent-State.
Heard on application for suspension of sentence
No.682/2021 filed by appellant No.1 Gabbar Singh.
Counsel for the appellants submits that specific allegation of
committing rape has been levelled by the prosecutrix against the
co-accused Netram and the appellant was on bail during the trial
and hearing of the appeal will take a sufficient long time to be
concluded. In such circumstances, the sentence of the appellant
No.1 Gabbar Singh may be suspended and he may be released on
bail.
Learned Public Prosecutor has vehemently opposed the
prayer for suspension of sentence on behalf of appellant No.1
Gabbar Singh.
(2 of 3) [CRLAS-853/2021]
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this Court is of the opinion that it is a fit case for
suspending the substantive sentences awarded to the accused
appellant No.1.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. on behalf of appellant No.1 is allowed
and it is ordered that the substantive sentences passed by the
learned Special Judge, POCSO Act Cases, Rajsamand vide
judgment dated 03.09.2021 in Sessions Case No.38/2021
(61/2013), (86/2017), (2/2018) against the applicant/appellant
Gabbar Singh S/o Shri Bhure Lal, shall remain suspended till final
disposal of the aforesaid appeal and he shall be released on bail
subject to deposit the fine amount of Rs.10,000/- before the
learned trial Court, 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 26.11.2021 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. Appelant shall deposit the fine amount of
Rs.10,000 before 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
(3 of 3) [CRLAS-853/2021]
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
1-Samvedana/-
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