Rajasthan High Court - Jodhpur
Abhay Singh vs State Of Rajasthan on 2 March, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Criminal Appeal No. 171/2022
Abhay Singh S/o Shri Shiv Singh, Aged About 41 Years, R/o
Himmatpura, P.s. Reodar, District Sirohi (Raj.)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. JP Bhardwaj
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
02/03/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
The matter comes up on Application No.01/22 for impleading
the complainant as party-respondent and taking the amended
cause-title on record.
The application for the reasons mentioned therein is allowed.
The amended cause-title already filed is taken on record.
The matter comes up on Application No.02/22 for converting
the instant appeal filed under Section 374(2) Cr. P.C., into an
appeal filed under Section 14(A) of SC/ST Act.
The application for the reasons mentioned therein is allowed
while directing Office to treat it as an appeal filed under Section
14(A) of the SC/ST Act.
Heard counsel for the appellant on Suspension of Sentence
Application No.127/2022.
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Admit.
Issue notice to respondent no.2.
Call for the record.
This criminal appeal under Section 14A of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter to be referred as 'the SC/ST Act') has been filed on
behalf of the appellant being aggrieved with the order dated
16.02.2022 passed by the learned Special Judge, SC/ST Act
Cases, Sirohi (hereinafter to be referred as 'trial court') in Special
Case No.96/2019.
The appellant has been arrested in FIR No.105/2019 of Police
Station, Revdar, District Sirohi for the offences punishable under
Sections 447, 427 IPC and Sections 3(1)(r)(s), 3(2)(va), 3(1)(f)
and 3(1)(g) of SC/ST Act.
Heard learned counsel for the parties and perused the
material available on record.
Counsel for the appellant submits that the maximum
sentence awarded to the accused-appellant is of two years' simple
imprisonment and his sentence has already been suspended by
the court below for a period of 30 days.
Having considered of totality of facts and circumstances of
the case, I consider it just and proper to suspend the substantive
sentence awarded to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Abhay Singh S/o Shri Shiv Singh by the learned
Special Judge, SC/ST Cases, Sirohi vide judgment dated
16.02.2022 in Special Case No.96/2019 (C.I.S. No.96/2019) shall
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remain suspended till final disposal of aforesaid appeal provided
he executes a personal bond for a sum of Rs.50,000/- alongwith
two solvent sureties in the sum of Rs.25,000/- each to the
satisfaction of the learned trial court for his appearance before this
Court on 12.04.2022 and whenever called upon 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(s) 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.
(DR.PUSHPENDRA SINGH BHATI),J.
8-nirmala/Sanjay
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