Rajasthan High Court - Jodhpur
Hukam Singh vs State Of Rajasthan on 14 February, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 683/2021
In
S.B. Criminal Appeal No.772/2021
Hukam Singh S/o Sh. Net Singh Rawat, Aged About 35 Years,
Meghato Ki Ganwar, Mandawar, Devgarh Police Station, Dist.
Rajsamand. (Confined In District Jail, Rajsamand).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. J.V.S.Deora
For Respondent(s) : Mr. N.S. Bhati, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
14/02/2022
The instant application for suspension of sentence under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Hukam Singh S/o Sh. Net Singh Rawat, who has been
convicted and sentenced for the offences under Section 304/II IPC
vide the judgment dated 18.08.2021 passed by the learned
Additional Sessions Judge, Rajsamand in Sessions Case
No.32/2019.
Heard learned counsel for the appellant and learned Public
Prosecutor on application for suspension of sentence.
Learned counsel for the applicant submits that applicant has
been sentenced to seven years imprisonment and he has served
out the sentence of two years, nine months and five days till
(2 of 3) [SOSA-683/2021]
26.01.2022. He further submits that no injury on the vital part of
body of the deceased was attributed to the applicant-appellant. He
further submits that most of the prosecution witnesses have been
declared hostile, hearing of the appeal will take time, thus, the
sentence awarded to the applicant may be suspended during
pendency of the appeal.
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 fact that no injury on the vital part of the body
of the deceased has been attributed to the applicant and as most
of the prosecution witnesses have been turned hostile, this Court
is of the opinion that it is a fit case for suspending the sentences
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
sentences passed by the learned Additional Sessions Judge,
Rajsamand, vide judgment dated 18.08.2021 in Sessions Case
No.32/2019 against the appellant-applicant Hukam Singh S/o
Sh. Net Singh Rawat, 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 14.03.2022 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 of 3) [SOSA-683/2021]
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 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.
(VINOD KUMAR BHARWANI),J
54-Mamta/-
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