Rajasthan High Court - Jodhpur
Gajendra Singh vs State Of Rajasthan on 18 January, 2022
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1049/2019
Gajendra Singh S/o Sh. Laxman Singh, Aged About 40 Years, B/
c Rawna Rajput , R/o Bedwa, P.s. Khunkhuna , Distt. Nagaur
(Raj.) (Presently Lodged In Sub Jail , Parbatsar, Distt. Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vineet Jain, through VC
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
18/01/2022
Heard learned counsel for the appellant and learned public
prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that out the total
sentence awarded to the accused-appellant, he has already served
sentence of 5 years and 9 months. Therefore, learned counsel for the
appellant submits that the sentence awarded to the accused-appellant
may be suspended as the disposal of the appeal will consume time.
Learned Public Prosecutor vehemently opposed the prayer made
by the learned counsel for the accused-appellant.
Upon a consideration of the arguments advanced on behalf of the
appellant and having regard to the facts and circumstances of the case,
this court is of the opinion that it is a fit case for suspending the
sentence awarded to the accused appellant.
(2 of 2) [SOSA-1049/2019]
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 Addl. Sessions Judge No.3, Parbatsar, District
Nagaur vide judgment dated 31.1.2019 in Sessions Case No.49/2018
against the appellant-applicant Gajendra Singh S/o Laxman 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.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for his appearance in this court on
21.2.2022 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. 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.
(MADAN GOPAL VYAS),J
70-CPGoyal/-
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