Hoshiyar Singh @ Joni vs State Of Rajasthan Through P P
2022 Latest Caselaw 5405 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR
     D.B. Criminal Misc. Second Suspension of Sentence
                    Application No.824/2022
                                      IN

             D.B. Criminal Appeal No. 2083/2017

Hoshiyar Singh @ Joni S/o Shri Dina Ram, R/o Khan Pur, Police
Station Bhiwadi, Distt. Alwar Raj. Presently Confined In Central
Jail Alwar
                                                                  ----Appellant
                                   Versus
State Of Rajasthan Through P.p.
                                                                ----Respondent

For Appellant(s)         :     Mr. Deepak Soni
For Respondent(s)        :     Ms. Rekha Madnani, Addl.G.A.



         HON'BLE MR. JUSTICE PANKAJ BHANDARI
             HON'BLE MR. JUSTICE SAMEER JAIN

                         Judgment / Order

02/08/2022

1. Accused-applicant has preferred this second application for

suspension of sentence.

2. Heard on second application for suspension of sentence.

3. It is contended by counsel for the applicant that the

applicant has remained in custody for a period of twelve years and

five months. Sentence of co-accused Maman Singh and Ramlal

has been suspended. Disposal of appeal is bound to take time.

4. Counsel for the applicant has placed reliance on "Saudan

Singh Vs. State of Uttar Pradesh" in Criminal Appeal No.

308/2022 decided by the Apex Court on 25.02.2022, wherein the

Apex Court has observed that if a person has remained in custody

(2 of 2) [SOSA-824/2022]

for more than ten years then his sentence ordinarily be

suspended.

5. Learned Additional Government Advocate has opposed the

second application for suspension of sentence. It is contended that

finger prints matches with those of the present applicant and one

Ramlal.

6. We have considered the contentions.

7. Since the co-accused have been given benefit of bail,

petitioner has remained in custody for a period of twelve years

and five months and also considering the contentions of counsel

for the applicant, we deem it proper to allow the second

application for suspension of sentence.

8. Accordingly, the second application for suspension of

sentence is allowed. It is ordered that the sentence awarded to

accused-applicant in Sessions Case No.32/2011 shall remain

suspended if the applicant furnishes a personal bond of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the learned trial Court to the effect that he shall

appear before this Court as and when called upon to do so.

                                   (SAMEER JAIN),J                                                      (PANKAJ BHANDARI),J

                                   ARTI SHARMA /28









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