Dulhe Singh vs State Of Rajasthan
2022 Latest Caselaw 6654 Raj

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       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                          AT JODHPUR
  S.B. Criminal Misc. second Suspension of Sentence Application
                           No.383/2022
                                        IN
                S.B. Criminal Appeal No.418/2010

        Dulhe Singh S/o. Bheru Singh, aged about 42 years,
        resident of Badi Sadri, District Chittorgarh.
        (presently in police custody)
                                                                       ----Petitioner
                                    Versus
        State of Rajasthan
                                                                    ----Respondent

For Petitioner(s)         :     Mr. Sudhir Saruparia
For Respondent(s)         :     Mr. Mukesh Trivedi, PP


      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

06.05/2022
      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 the Court, for the safety

of all concerned.

      In compliance of order dated 20.04.2022 accused Dulhe

Singh S/o. Bheru Singh after being arrested by Mr. Sumer Singh

(ASI), P.S. Badi Sadri, District Chittorgarh has been produced

before this Court.

      Heard learned counsel for the appellant and learned PP on

the   second    application        seeking        suspension            of   sentence

No.383/2022.

      Counsel for the appellant submits that sentence awarded to

appellant has already been suspended by this Court vide order



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dated 27.09.2010 in S.B. Criminal Misc. Bail (SOS) Application

No.956/2010.

     Upon consideration of the submission 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 of accused.

     Accordingly, this application for suspension of sentences is

allowed and it is directed that the sentence awarded to appellant/s

- Dulhe Singh S/o. Bheru Singh by the learned Special Judge,

SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh vide

judgment dated 02.08.2010 in Sessions Case No.36/10                        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 learned Registrar (Judicial) of this Court for his

appearance before this Court again on 15.06.2022 and whenever

ordered to do so, till the disposal of the present 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.

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                                         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.

C-1 Sanjay-

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