Rajasthan High Court - Jodhpur
Hanuman Singh vs State Of Rajasthan 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. 403/2021
In
S.B. Criminal Appeal No.312/2021
1. Hanuman Singh S/o Sh. Amar Singh, Aged About 24
Years, B/c Rajput, R/o Gambhirji Ka Badia, Post Bhojpur,
Police Station Badnaur, Dist. Bhilwara (Raj.). (At Present
Lodged In District Jail, Pali).
2. Ganpat Singh @ Suresh S/o Sh. Kundan Singh, Aged
About 25 Years, B/c Rawat, R/o Thikarwas Khurd, Tehsil
And P.s. Deogarh, Dist. Rajsamand (Raj.). (At Present
Lodged In District Jail, Pali).
3. Lal Singh S/o Sh. Ranjeet Singh, Aged About 27 Years, B/
c Rajput, Ro Gulablod, P.s. A Lot, Dist. Ratlam (Madhya
Pradesh). (At Present Lodged In District Jail, Pali).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Chundawat, through VC
For Respondent(s) : Mr. Sudhir Tak, 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-
applicants Hanuman Singh S/o Sh. Amar Singh, Ganpat Singh @
Suresh S/o Sh. Kundan Singh and Lal Singh S/o Sh. Ranjeet Singh
who have been convicted and sentenced for the offences under
Sections 341, 323/34, 326/34, 307/34 and 397 of the IPC vide the
(2 of 4) [SOSA-403/2021]
judgment dated 05.03.2021 passed by the learned Additional
Sessions Judge, Pali in Sessions Case No.264/2018.
Learned Public Prosecutor has chosen not to file reply to the
application for suspension of sentence and proposed to argue the
matter orally.
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the applicants-appellants submits that
the alleged incident occurred on 28.05.2018 and the appellants
were arrested on 10.08.2018. He further submits that PW-8
Chatra Ram and PW-5 Dhanpat stated in their statements that
they have identified the accused appellants in police station i.e.
prior to the identification parade which was conducted on
27.08.2018. He further submits that till 25.01.2022 all the
appellants Hanuman Singh, Ganpat Singh @ Suresh and Lal Singh
have served out four years and three months sentence out of ten
years sentences awarded to them. He further submits that the
appellants have served nearly half of their sentence and hearing of
appeal will consume time, therefore, the sentences awarded to
them may be suspended during pendency of the 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
it is a fit case for grant of indulgence of bail to the appellant-
applicants 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 Additional Sessions Judge, Pali
vide judgment dated 05.03.2021 in Sessions Case No.264/2018
(3 of 4) [SOSA-403/2021]
against the appellant-applicants Hanuman Singh S/o Sh. Amar
Singh, Ganpat Singh @ Suresh S/o Sh. Kundan Singh and Lal
Singh S/o Sh. Ranjeet Singh shall remain suspended till final
disposal of the aforesaid appeal and they shall be released on bail,
provided each of them 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 they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the applicants changes the place of
residence, they will give in writing 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 accused-applicants in a separate file. Such file
be registered as Criminal Misc. Case related to original case in
which the accused-applicants 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 applicants do 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
(4 of 4) [SOSA-403/2021]
47-Mamta/-
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