Rajasthan High Court - Jodhpur
Kesar Singh vs State Of Rajasthan on 2 December, 2022
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Application for Suspension of Sentence
No.478/2022
S.B. Criminal Revision Petition No. 1489/2022
Kesar Singh S/o Mool Singh, Aged About 49 Years, R/o Village
Ransi, Police Station Bilara, District Jodhpur. (At Present Lodged
In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ram Sukh Sharma
For Respondent(s) : Mr. Sumer Singh, PP
JUSTICE DINESH MEHTA
Order
02/12/2022
1. The present application for bail (suspension of sentence) has
been filed by the applicant.
2. The applicant has been convicted for the offences under
Sections 279, 337 and 304-A of the Indian Penal Code vide
judgment and order dated 25.09.2018 passed by learned Gram
Nyayalay, Mandore, Jodhpur Metro which has been affirmed qua
conviction of the applicant for the offences under Sections 279 and
304-A of the Indian Penal Code by the learned Additional Sessions
Judge, No.4, Jodhpur Metro in Criminal Appeal No. 483/2018 (NCV
No.483/2018) per viam order dated 21.11.2022.
3. Learned Public Prosecutor vehemently opposed the
application for suspension of sentence.
(2 of 3) [CRLSOSA-478/2022]
4. Having regard to the facts and circumstances of the case,
considering the submissions made on behalf of the respective
parties; the material made available for my perusal; the fact that
the decision of the present revision is likely to take time, I am
inclined to suspend the sentence awarded to the applicant during
the pendency of the present criminal revision petition.
5. Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence passed by learned
Gram Nyayalay Mandore, Jodhpur Metro vide judgment and order
dated 25.09.2018 as affirmed by the learned Additional Sessions
Judge No.4, Jodhpur Metro, vide its judgment dated 21.11.2022,
against the accused-applicant Kesar Singh S/o Mool Singh shall
remain suspended till final disposal of present revision petition
provided he executes two sureties in the sum of Rs.25,000/- each
and a personal bond in the sum of Rs.50,000/- to the satisfaction
of the concerned trial Court for his appearance in this Court on
03.01.2023 and whenever ordered to do so, till the disposal of the
revision petition on the conditions indicated below:-
1. That he will appear before the trial court in the
month of January every year till the revision is
decided.
2. That if the applicant changes the place of
residence, he will give the changed address in
writing to the trial court, High Court as well as
to his counsel in the High Court.
3. Similarly if sureties change their addresses,
they will give in writing their changed address
to the trial court.
6. The learned trial court shall keep the record of attendance of
the accused - applicant in a separate file. Such file be registered
as Criminal Misc. Case related to the Criminal Original Case in
(3 of 3) [CRLSOSA-478/2022]
which the accused - applicant was 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 does not appear before
the trial Court, the learned trial Judge shall report the matter to
the High Court for cancellation of bail.
(DINESH MEHTA),J
191-pooja/-
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