Govind Singh vs State Of Rajasthan
2022 Latest Caselaw 14634 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Criminal Suspension of Sentence Application No.1244/2022

In

S.B. Criminal Appeal No. 2065/2022

1. Govind Singh S/o Sh. Pratap Singh, Aged About 48 Years, Balda, P.s. Kotwali Sirohi, Dist. Sirohi (Raj.).

2. Prem Singh S/o Sh. Kishore Singh, Aged About 49 Years, Panchwa Kalla, P.s. Shivpura, Dist. Pali At Present Rathore Line, P.s. Kotwali Sirohi, Dist. Sirohi (Raj.).

                                                                    ----Appellants
                                    Versus
State Of Rajasthan, Through PP
                                                                  ----Respondent


For Appellant(s)          :     Mr. B.S.Rathore
For Respondent(s)         :     Mr. S.S.Rajpurohit, P.P.



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

13/12/2022

Heard learned counsel for the appellants and learned Public

Prosecutor on the application seeking suspension of sentence.

Perused the judgment impugned.

Learned counsel for the appellants submits that the

appellants have been convicted for the offences under Sections

447, 354, 323 IPC r/w Section 3 (2) (va) of SC/ST Act and under

Section 3 (1) (w)(i) of the SC/ST Act and sentenced to maximum

period of one year SI with fine. Learned counsel further submits

that the appellants were on bail during the course of trial and

while exercising the powers under Section 389 (1) Cr.P.C., the

learned trial court has suspended his sentences but for a limited

(2 of 2) [SOSA-1244/2022]

period. The hearing of the appeal would likely to take long time.

Thus, learned counsel submits that the sentences awarded to the

accused-appellants may be suspended till final disposal of the

appeal.

Per contra, learned Public Prosecutor has vehemently

opposed the application for suspension of sentence.

Having considered the submissions advanced and overall

facts and circumstances of the case, looking to the fact that

appellants have been awarded maximum sentences of one year,

he was on bail during trial and disposal of appeal will consume

time, this Court deems it fit and proper to allow the application for

suspension of sentence filed by the appellants.

Accordingly, the application for suspension of sentence filed

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

sentences passed by learned Special Judge, SC/ST (Prevention of

Atrocities) Act Cases, Sirohi vide judgment dated 30.11.2022 in

Sessions Case No.70/2021 (CIS No.70/2021) against the

appellants (1) Govind Singh S/o Pratap Singh and (2) Prem Singh

S/o Kishore Singh, shall remain suspended till final disposal of the

aforesaid appeal and the accused appellants are directed to

furnish personal bond in the sum of Rs. 50,000/- with one surety

of like amount for their appearance before this Court on 16.1.2023

and whenever ordered to do so.

(FARJAND ALI),J 218-RP/-

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