Nepal Singh @ Mahipal Singh vs State Of Rajasthan
2022 Latest Caselaw 14350 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 61/2022 Nepal Singh @ Mahipal Singh S/o Shri Ratan Singh, Aged About 25 Years, B/c Rajput, R/o Khetawas, P.s. Sadar Pali, Tehsil And District Pali (Rajasthan) (Lodged In Central Jail, Jodhpur)

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Ratana Ram For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE FARJAND ALI Order

06/12/2022

Heard.

Admit.

Issue notice to the respondent. Learned Public Prosecutor accepts

notice on behalf of State. Hence, notice need not be issued.

Heard learned counsel for the appellant and learned public

prosecutor on application of suspension of sentences No.39/2022.

Learned counsel for the petitioner submits that the petitioner is

languishing in jail in this matter since 14.03.2017 and till date he has

served more than 5 years and 9 months' imprisonment. He further

submits that though there are allegations of using fire arm weapon, but

the prosecution has failed to show inimical relations between him and

the victim Tarachand which is very much reflecting from his statement

recorded in trial as PW-2, wherein he categorically admits that there

was no personal grudge between them. He further submits that there is

no criminal antecedents of the appellant. Prima facie he has a strong

agruable case in his favour and hope success in the appeal.

(2 of 3) [CRLAS-61/2022]

Upon a consideration of the arguments advanced on behalf of the

appellant and having regard to the facts and circumstances of the case,

and the period of incarceration, this court is of the opinion that it is a fit

case for suspending the sentence awarded to the accused appellant.

Accordingly, the application for suspension of sentence filed under

Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed

by the learned Addl. Sessions Judge, Pali vide judgment dated

29.11.2021 in Sessions Case No. 06/2017 (CIS No.139/2017) against

the appellant-applicant Nepal Singh @ Mahipal Singh shall remain

suspended till final disposal of the aforesaid appeal and he shall be

released on bail, provided he executes a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of

the learned trial Judge for his appearance in this court on 10.01.2023

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.

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

(3 of 3) [CRLAS-61/2022]

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.

(FARJAND ALI),J 176-amit/-

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