Rajasthan High Court - Jodhpur
Tarsem Singh vs State Of Rajasthan on 5 March, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 905/2021
Tarsem Singh S/o Shri Jeet Singh, Aged About 41 Years, R/o 28
M.l., Police Station Mukalawa, District Sri Ganganagar .
(Rajasthan) (At Present Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Navneet Poonia
For Respondent(s) : Mr. MS Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/03/2022
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.
Heard learned counsel for the parties on the application
seeking suspension of sentence.
Counsel for the appellant has drawn attention of this Court to
the statement of injured eye-witness PW-3 Sukhdev Singh, in
which, he has levelled allegations of beating upon Kala Singh,
Tarsheem Singh and Manga Singh and serious injuries on private
parts of victim has been alleged upon Manga Singh.
Counsel for the appellant submits that Manga Singh died
while Kala Singh has been acquitted by trial court i.e. learned
Additional Sessions Judge, Raisinghnagar vide judgment dated
(2 of 4) [SOSA-905/2021]
15.02.2019 in Sessions Case No.25/2010. Counsel for the
appellant, thus, submitted that the role of Tarsheem Singh was
limited to the first phase of beating.
Counsel for the appellant further stated that out of 10 years
sentence, the appellant has already undergone sentence of 06
years, 07 months and 29 days and stated that there is likelihood
of the appeal being heard at an early date, thus, prayed to
suspend the sentence.
Counsel for the appellant has shown the following judgments
passed by this Court :-
Kamlesh @ Komal Garg Vs. State of Rajasthan;
(S.B. Criminal Misc. Third Suspension of Sentence
Application (Appeal) No.467/2020, decided on
08.01.2021,
Nirmal Singh S/o Jarnel Singh Vs. State of
Rajasthan; (S.B. Criminal Misc. 5th Suspension of
Sentence Application (Appeal) No.816/2019, decided on
25.08.2020,
Pawan @ Shyamlal Sharma Vs. State of
Rajasthan; (S.B. Criminal Misc. Third Suspension of
Sentence Application (Appeal) No.23/2021, decided on
28.01.2021 and,
Champa Ram Vs.State of Rajasthan; (S.B.
Suspension of Sentence Application (Appeal)
No.517/2018, decided on 06.07.2018.
Counsel for the appellant has relied upon the judgment of
Hon'ble Apex Court in the cases of Thana Singh Vs. Central
Bureau of Narcotics reported in (2013) 2 SCC as well as
Mayuresh Nandkumar Purohit Vs. Kaushik Manna & Anr.,
reported in 2018 Cr. L.R. (SC) 251, in which the Hon'ble Court
(3 of 4) [SOSA-905/2021]
has released the appellant on completion of custody of 08 years in
NDPS cases.
Learned Special P.P. opposed the application.
This Court looking into overall facts and circumstance of the
case which includes - statement of injured eye-witness PW-3
Sukhdev Singh; judgment of acquittal of Kala Singh dated
15.02.2019 as well as the custody period undergone by the
appellant, is inclined to suspend the sentence.
Having considered of the 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 sentence awarded to appellant/s
- Tarsem Singh S/o Shri Jeet Singh by the learned Additional
Sessions Judge, Raisinghnagar, District Sri Ganganagar vide
judgment dated 29.07.2016 in Sessions Case No.25/2010 (CIS
No.20/2014) shall 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 20.04.2022 and whenever
called upon to do so till the disposal of the appeal on the
conditions inidcated 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.
(4 of 4) [SOSA-905/2021]
(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
87-Sanjay/-
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