Rajasthan High Court - Jodhpur
Deepsingh vs State on 16 February, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 497/2021
Deepsingh S/o Magesingh, Aged About 27 Years, B/c Rawat
Rajput, R/o Sichiyawas, Police Thana Bagri Nagar, Dist. Pali
(Presently At Central Jail, Jodhpur)
----Petitioner
Versus
State, Through Pp, Rajasthan High Court, Jodhpur (Raj.).
----Respondent
For Petitioner(s) : Mr. Om Prakash Rajpurohit
For Respondent(s) : Mr. Sudhir Tak, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
16/02/2022
The instant application for suspension of sentences under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Deepsingh S/o Magesingh, who has been convicted and
sentenced for the offence under Sections 307 and 394 IPC vide
the judgment dated 28.07.2021 passed by the learned Additional
Sessions Judge No.5, Jodhpur in CIS No.75/2019.
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the applicant-appellant submits that
applicant-appellant was sentenced to seven years rigorous
imprisonment. Learned counsel further submits that as per the
custody certificate, till 16.01.2022 the applicant-appellant has
remained in custody for three years, three months and 26 days.
He further submits that this is an arguable case and hearing of the
(2 of 3) [SOSA-497/2021]
appeal will consume time, therefore, sentences awarded to the
accused-appellant may be suspended during pendency of appeal.
In this background and having regard to the entirety of the
facts and circumstances of the case, this court is of the view that
there are valid and substantial grounds for assailing the impugned
judgment. Hearing of the appeal is likely to consume time thus, it
is a fit case for grant of indulgence of bail to the appellant-
applicant by suspending the sentence awarded to him by the trial
court during the pendency of the appeal.
Accordingly, the application for suspension of sentences filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge POCSO Act Cases,
No.3, Pali, vide judgment dated 28.07.2021 in CIS No.75/2019
against the appellant-applicant Deepsingh S/o Magesingh 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 16.03.2022 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the applicant changes the place of
residence, he will give in writing his 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.
(3 of 3) [SOSA-497/2021]
The learned trial Court shall keep the record of
attendance of the accused-applicant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant was 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 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
45-Mamta/-
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