Rajasthan High Court - Jodhpur
Bhagwan Singh vs State Of Rajasthan on 2 December, 2022
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
1179/2022
In
S.B. Criminal Appeal No. 1972/2022
1. Bhagwan Singh S/o Sh. Bahadur Singh, Aged About 55
Years, B/c Rajput, R/o Richa, Police Station Arnod, District
Pratapgarh.
2. Munsi @ Sardar Singh S/o Sh. Bahadur Singh, Aged
About 51 Years, B/c Rajput, R/o Richa, Police Station
Arnod, District Pratapgarh.
----Appellants
Versus
1. State of Rajasthan through PP
2. Ram Lal S/o Sh. Vag Ji Meena, Rudiya, Police Station
Arnod, District Pratapgarh.
----Respondents
For Appellant(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Gaurav Singh, PP
JUSTICE DINESH MEHTA
Order
02/12/2022
1. The present application for suspension of sentences under
Section 389 of the Code of Criminal Procedure has been preferred
on behalf of the applicants - Bhagwan Singh and Munsi @ Sardar
Singh who have been convicted and sentenced for one year simple
imprisonment vide judgment and order dated 22.11.2022 passed
by the learned Special Judge, Scheduled Caste and Scheduled
Tribe Act (Prevention of Atrocity Cases), Pratapnagar in Sessions
Case No.04/2021 for the offences punishable under Sections 447,
323, 504, 427 of the Indian Penal Code and Sections 3(1) (r) (s) &
(2 of 3) [SOSA-1179/2022]
3(2) (v) (a) of Scheduled Caste and Scheduled Tribe (Prevention
of Atrocities) Act.
2. While arguing the application for suspension of sentence,
learned counsel for the applicants submitted that the applicant
have been convicted and awarded sentence of one year simple
imprisonment and the sentence has been suspended by the trial
Court itself for a period of one month.
3. He argued that the decision of the appeal will take time and,
therefore, the sentence awarded to the applicants be suspended
till disposal of the appeal.
4. Learned Public Prosecutor opposed the application for
suspension of sentence.
5. Accordingly, the application for suspension of sentence filed
by the applicants is allowed and it is ordered that the sentence
passed by the learned Special Judge, Scheduled Caste and
Scheduled Tribe (Prevention of Atrocity Cases) Act, Pratapnagar in
Sessions Case No.04/2021 against the applicants - (1) Bhagwan
Singh S/o Sh. Bahadur Singh and (2) Munsi @ Sardar Singh
S/o Sh. Bahadur Singh shall remain suspended till final disposal
of the present appeal provided each of them executes a personal
bond in the sum of ₹50,000 along with two sound and solvent
sureties to the tune of ₹25,000/- each to the satisfaction of the
trial Court for their appearance in this Court on 03.01.2023 and
whenever ordered to do so, till the disposal of the appeal on the
conditions indicated below:-
(i). That they will appear before the trial Court in
the month of January of every year till the appeal is
decided.
(ii). That if the applicants change the place of
residence, they will give in writing their changed
address to the trial Court as well as to the counsel
in the High Court.
(3 of 3) [SOSA-1179/2022]
(iii). Similarly, if the sureties change their address,
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-applicants in a separate file. Such file
be registered as Criminal Misc. Case related to original case in
which the accused-applicants 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 applicants do 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
177-Arvind/-
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