Rajasthan High Court - Jodhpur
Bhawani Singh vs State Of Rajasthan on 27 June, 2022
Bench: Vijay Bishnoi, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 303/2022
Bhawani Singh S/o Sampat Singh, Aged About 36 Years, B/c
Rajput, R/o Bulati, P.s. Kuchera Dist. Nagaur.
(At Present Lodged In Central Jail, Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Birbal Ram Bishnoi.
For Respondent(s) : Mr. R.R. Chaaparwal, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment / Order
27/06/2022
The appellant has preferred this second application for
suspension of sentence application under Section 389 Cr.P.C.
Heard learned counsel for the appellant as well as the
learned Public Prosecutor.
Learned counsel for the appellant has submitted that the trial
court has convicted the appellant for the offence under Section
302 IPC. It is further submitted that from the court statement of
eye witnesses namely Maan Singh, Dara Singh and Shiv Singh, it
is clear that all the accused persons had inflicted blows on the
body of deceased Bhanwar Singh. It is also submitted that though
some of the eye witnesses have deposed before the trial court that
the first blow was inflicted by the appellant but it is not certain
(2 of 3) [SOSA-303/2022]
that the same was fatal and due to which the death occurred.
Learned counsel has further submitted that the appellant is in
judicial custody since December, 2010 and till date he has served
out more than 12 years' of sentence. It is also submitted that
there is every likelihood that hearing of the appeal preferred by
the appellant will take time.
Per contra, learned Public Prosecutor has vehemently
opposed the second application for suspension of sentence and
submitted that the above-named eye witnesses have specifically
stated that the appellant had inflicted lathi blow on the body of
the deceased along with the other accused persons. It is further
submitted that the said blow was fatal and on account of which
the death occurred.
Having considered the arguments advanced on behalf of the
appellant and having regard to the facts and circumstances of the
case and also taking into consideration the custody period of
petitioner which is more than 12 years, without commenting on
the merits of the case, this Court is of the opinion that it is a fit
case for suspending the substantive sentence awarded to the
accused appellant.
Accordingly, this second application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the learned
Additional Sessions Judge, Nagaur in Sessions Case No.53/2011
against the appellant - Bhawani Singh S/o Sampat Singh shall
remain suspended till final disposal of the aforesaid appeal
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
(3 of 3) [SOSA-303/2022]
learned trial Judge for his appearance in this Court on 22.08.2022
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.
4. Appellant(s) shall deposit the fine amount as
imposed by the learned 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.
(KULDEEP MATHUR),J (VIJAY BISHNOI),J
44-Prashant/-
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