Rajasthan High Court - Jodhpur
Baldeo Singh vs State on 27 January, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 756/2021
In
S.B. Criminal Appeal No.1374/2019
Baldeo Singh S/o Sh. Vishan Singh, Aged About 53 Years, By
Caste Majbi Sikh, Resident Of Chak Badal, Tehsil Sadulshahar,
Police Station Lalgarh Jatan, District Sri Ganganagar (Raj.) (At
Present Lodged In Central Jail, Sriganganagar)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Trilok Joshi, through VC
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
27/01/2022
The instant application for suspension of sentence under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Baldeo Singh S/o Sh. Vishan Singh, who has been
convicted and sentenced for the offences under Sections 451 and
376/511 IPC vide the judgment dated 19.08.2019 passed by the
learned Special Judge, POCSO Act Cases No.1, Sri Ganganagar in
Sessions Case No.260/2018 (CIS No.252/2018).
Learned Public Prosecutor has chosen not to file reply
to the application for suspension of sentence and proposed to
argue the matter orally.
(2 of 3) [SOSA-756/2021]
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the petitioner submits that
petitioner has been convicted and sentenced to seven years
rigorous imprisonment and he is in custody since 16.09.2016,
therefore, as he has already been suffered custody for five and
half years out of seven year's imprisonment, thus, his sentence
may be suspended till final disposal of the appeal because disposal
of the appeal will consume time.
In this background and having regard to the entirety of
the facts and circumstances of the case, this court is of the view
that it is a fit case for grant of indulgence of bail to the appellant-
applicant by suspending the sentences 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.1, Sri Ganganagar vide judgment dated 19.08.2019 in
Sessions Case No.260/2018 (CIS No.252/2018) against the
appellant-applicant Baldeo Singh S/o Sh. Vishan 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 01.03.2022 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.
(3 of 3) [SOSA-756/2021]
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.
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
53-Mamta/-
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