Rajasthan High Court - Jodhpur
Babu Singh @ Kalu Singh vs State on 11 January, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal) No. 168/2019
Babu Singh @ Kalu Singh S/o Ugam Singh @ Hukum Singh
Rawat, Aged About 36 Years, Resident Of Pepli Nagar, P.S.
Devgarh, Dist. Rajsamand. (At Present Lodged In Sub Jail,
Bhilwara)
----Petitioner
Versus
State, Through PP
----Respondent
Connected With
S.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal)
No. 353/2019
Manohar Singh S/o Makhan Singh, Aged About 40 Years, By
Caste Rawat, Resident Of Pipli Nagar, Devgarh Police Station,
District Rajsamand (Lodged In District Jail Rajsamand)
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi
(through VC)
Mr. Ankit Prakash Singh, (through VC)
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
11/01/2022
The matter comes up for consideration of the applications for
suspension of sentences preferred on behalf of the appellants,
who have been convicted by the trial court vide judgment dated
(2 of 3)
23.12.2016 for the offences punishable under Sections 395, 342
IPC and sentenced for ten years rigorous imprisonment.
Learned counsel for the appellants have submitted that out
of the ten years of sentence, the appellants have already served
more than six years of sentence. It is also submitted that the
appeal filed by the appellants is not likely to be heard in near
future, therefore, the sentence awarded by the trial court may
kindly be suspended.
Learned Public Prosecutor has opposed the applications for
suspension of sentences.
Heard learned counsel for the parties on the applications for
Suspension of Sentence Nos.168/2019 and 353/2019.
Having heard learned counsel for the parties and taking into
consideration the custody period of the appellants, I deem it just
and proper to suspend the substantive sentence awarded to the
accused appellants.
Accordingly, the applications for Suspension of Sentence
Nos.168/2019 and 353/2019 are allowed and it is ordered that
the substantive sentence passed by the trial court vide judgment
dated 23.12.2016 in Sessions Case No.12/2009 against appellants
- Babu Singh @ Kalu Singh S/o Ugam Singh @ Hukum Singh
Rawat and Manohar Singh S/o Makhan Singh shall remain
suspended till final disposal of the aforesaid appeal, provided each
of them executes a personal bond in a sum of Rs.50,000/- with
two sureties of Rs.25,000/- each to the satisfaction of the learned
trial Judge for their appearance in this court on 25.2.2022 and
(3 of 3)
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 appellants 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,
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-appellants in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-appellants 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 appellants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(VIJAY BISHNOI),J
Pratibha 100-101/-
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