Rajasthan High Court
Onkar Singh S/O Karan Singh vs State Of Rajasthan on 25 August, 2022
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.350/2022
IN
S.B. Criminal Revision Petition No. 1100/2022
Onkar Singh S/o Karan Singh, Aged About 25 Years, Resident Of
Village Dujod, Tehsil Dhond, District Sikar (Raj) (Presently
Lodged In District Jail, Sikar)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Chain Singh Rathore.
For Respondent(s) : Mr. Atul Sharma, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment / Order
25/08/2022
Heard on Application for Suspension of Sentence
No.350/2022.
Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the present case and he is in judicial
custody since long. He further submits that according to the
impugned judgment dated 19.05.2022, the present petitioner has
been convicted under Sections 457 & 380 IPC.
Learned Public Prosecutor has opposed the application for
suspension of sentences.
(2 of 3) [SOSA-350/2022]
Heard learned counsel for the parties and perused the record
of the case.
Since, the petitioner is in custody since long and final
adjudication of the present revision is likely to take time, this
Court deems it appropriate to grant the suspension of sentence.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the substantive sentences passed by
learned Chief Judicial Magistrate, Sikar (Rajasthan) vide order
dated 14.09.2018 in Criminal Regular Case No.3500/2017, as
affirmed by learned Additional Sessions Judge, No.2, Sikar
(Rajasthan) vide order dated 19.05.2022 in Criminal Regular
Appeal CIS No.196/2018 against the petitioner Onkar Singh S/o
Karan Singh, shall remain suspended till final disposal of the
aforesaid revision 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/-
each with two sureties of Rs.50,000/- each of to the satisfaction of
the learned trial Judge for his appearance in this court on
27.09.2022 and whenever ordered to do so till the disposal of the
revision 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
revision 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. Petitioner/petitioners shall deposit the fine
amount as imposed by the learned trial Court.
(3 of 3) [SOSA-350/2022]
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
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.
(KULDEEP MATHUR),J
45. PRASHANT JHA
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