Rajasthan High Court - Jodhpur
Shishpal Singh vs State Of Rajasthan on 28 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 793/2021
Shishpal Singh S/o Shri Aasusingh, Aged About 42 Years, B/c
Rajput, R/o Village Bandwa, P.S. - Rajaldesar, Tehsil Ratangarh,
District Churu. (Raj.) (Presently Lodged In Central Jail, Bikaner)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rajesh Panwar
For Respondent(s) : Mr. S.S. Rajpurohit, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
28/10/2021
Heard learned counsel for the appellant as well as learned
Public Prosecutor and perused the record of the case.
Learned counsel for the appellant submitted that the
appellant is behind the bar since 22.02.2018 and total sentence
awarded by the trial court is 07 years. It is also submitted that
appellant has already served for more than three years of
imprisonment and hearing of the appeal is likely to take a
sufficient long time. Therefore, during the pendency of the appeal,
sentence awarded to the appellant may be suspended.
Per contra, learned Public Prosecutor has opposed the prayer
of 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
(2 of 3) [CRLAS-793/2021]
suspending the substantive sentence awarded to the accused
appellant.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the substantive sentence passed by
the learned Additional Sessions Judge, Ratangarh, District Churu,
vide judgment dated 18.12.2020 in Session Case No.05/2018
against the appellant-applicant Shishpal Singh S/o Shri Aasusingh
shall remain suspended till final disposal of the aforesaid appeal
and he shall be released on bail subject to deposit the fine amount
as imposed by 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 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) [CRLAS-793/2021]
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
13-prashant/-
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