Gurdev Singh vs State Of Rajasthan
2022 Latest Caselaw 2534 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 64/2022

1. Gurdev Singh S/o Sh. Harnal Singh, Aged About 65 Years, B/c Bawri, R/o Bhagwangarh, P.s. Suratgarh, Dist. Sri Ganganagar (Raj.). At Present R/o Chakk 2 Lmb, P.s. Ramgarh, Dist. Jaisalmer (Raj.). (Lodged In The District Jail, Jaisalmer).

2. Jagsher Singh @ Gagsir Singh S/o Sh. Gurdev Singh, Aged About 35 Years, B/c Bawri, R/o Bhagwangarh, P.s. Suratgarh, Dist. Sri Ganganagar (Raj.). At Present R/o Chakk 2 Lmb, P.s. Ramgarh, Dist. Jaisalmer (Raj.). (Lodged In The Dist. Jail, Jaisalmer).

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


For Appellant(s)             :   Mr. Om Prakash
For Respondent(s)            :   Mr. Gaurav Singh, PP



          HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                     Order

11/02/2022

      Heard.

      Admit.

Issue notice to the respondent. Learned Public Prosecutor accepts notice on behalf of State.

Heard learned counsel for the appellants and learned public

prosecutor on application of suspension of sentence No.41/2022.

Learned counsel for the appellants submits that the accused-

appellants were on bail during trial. Learned counsel for the appellants

submits that the disposal of the present appeal will consume time and

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therefore, the sentence awarded to the accused-appellants may be

suspended.

Learned Public Prosecutor vehemently opposed the prayer made

by the learned counsel for the accused-appellant.

Upon a consideration of the arguments advanced on behalf of the

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

this court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused 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 the learned Addl. Sessions Judge, Jaisalmer, vide judgment

dated 4.1.2022 in Sessions Case No.148/2016 against the appellant-

applicants (1) Gurdev Singh S/o Harnal Singh and (2) Jagsher

Singh @ Gagsir Singh S/o Gurdev Singh shall remain suspended till

final disposal of the aforesaid appeal and they shall be released on bail,

provided they execute personal bonds in the sum of Rs.1,00,000/- each

with two sureties of Rs.50,000/- to the satisfaction of the learned trial

Judge for his appearance in this court on 16.3.2022 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

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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.

(MADAN GOPAL VYAS),J 3-CPGoyal/-

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