Sajjan Singh vs State Of Rajasthan
2021 Latest Caselaw 16483 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 662/2021

Sajjan Singh S/o Sh. Lakh Singh, Aged About 25 Years, B/c Rajput, R/o Devrajgarh-Solankiya Tala, P.s. Shergarh, Tehsil Shergarh, Dist. Jodhpur. (At Present Confined In Central Jail Jodhpur).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Girdhar Singh Bhati For Respondent(s) : Mr. Mukesh Trivedi, PP.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

28/10/2021

Heard learned counsel for the appellant as well as learned

Public Prosecutor.

Learned counsel for the appellant submits that during the

trial accused appellant was on bail and hearing of the appeal will

take sufficient long time, therefore, the sentence of the appellant

may kindly be suspended.

Learned Public Prosecutor vehemently opposed the prayer

made by the counsel for the appellant.

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 sentence awarded to the accused

appellant.

(2 of 3) [SOSA-662/2021]

Accordingly, the 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.6, Jodhpur Metropolitan, Jodhpur, vide judgment dated

08.10.2021 in Sessions Case No.10/2016 (NCV No.07/2017)

against the appellant-applicant Sajjan Singh S/o Shri Lakh Singh,

shall 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 29.11.2021

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. 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

(3 of 3) [SOSA-662/2021]

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 260-Ishan/-

Powered by TCPDF (www.tcpdf.org)