Gajendra Singh vs State Of Rajasthan
2022 Latest Caselaw 13013 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 843/2021

1. Gajendra Singh, S/o Shri Dayal Singh, aged about 25 years R/o Ralawata Basedi Khurd, Tehsil Dantaramgarh, Khatu Shyam Police Station, Distt. Sikar. (Lodged In District Jail, Bhilwara).

2. Jagveer Singh S/o Ummed Singh Shekhawat, Aged About 24 Years, R/o Gadhi Khanpur, Thoi P.s. , Distt. Sikar. (Lodged In District Jail, Bhilwara).

3. Jai Prakash @ Jp S/o Bhura Ram Jat, Aged About 26 Years, R/o Sefto Ki Dhani, Gram Panchayat Mundali, Renwal P.s., Jaipur, Distt. Jaipur. (Lodged In District Jail, Bhilwara).

4. Sampat Singh S/o Madan Singh Shekhawat, Aged About 39 Years, R/o Nayawas, Dudwa, Dantaramgarh P.s., Distt. Sikar. (Lodged In District Jail, Bhilwara).

----Applicants Versus State of Rajasthan, Through PP

----Respondent

For Applicant(s) : Mr. Dilip Singh Udawat For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MS. JUSTICE REKHA BORANA Order 04/11/2022

Heard learned counsel for the parties on the application for

suspension of sentence.

The instant application for suspension of sentence has been

preferred by the appellant-applicants, who have been convicted

and sentenced by learned Special Judge, SC/ST Act Cases, District

Bhilwara in Sessions Case No.5/2020 vide judgment dated

(2 of 4) [SOSA-843/2021]

18.08.2021. The appellant-applicants have been sentenced as

under :-

Offence U/s       Sentence                Fine            Sentence (in default
                                                          of payment of fine)
364-A IPC         L.I.                    20,000/- 6 months' R.I.
394 IPC           07 years' R.I.          10,000/- 3 months' R.I.
342 IPC           01 year's S.I.          1,000-/         1 month's S.I.
341 IPC           01 month's S.I.         500/-           15 days' S.I.

Learned counsel for the appellant-applicants has argued that

the trial court has grossly erred in convicting and sentencing the

applicants for the offences punishable under Sections 364-A, 394,

342 & 341 IPC. It is argued that the complainant and the other

witnesses have failed to provide satisfactory explanation that why

they have not immediately filed FIR in respect of the incident. It

is argued that as per the complainant, the incident is of

18.07.2018 whereas the complaint in respect of the same was

filed on 23.07.2018. The explanation furnished by the

complainant and the other witnesses cannot be relied. It is also

submitted that so called test identification parade conducted

during the course of the investigation is also faulty. Learned

counsel for the appellant-applicants has further submitted that so

called recovery of the money at the instance of the appellants is

also cannot be relied as there are certain discrepancies in the

same. Learned counsel has further submitted that the accused-

appellants are in custody since 01.08.2018 and the appeal filed by

them is not likely to be heard in near future. It is, thus, prayed

that the sentence awarded to the appellant-applicants by the trial

court may be suspended.

(3 of 4) [SOSA-843/2021]

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Having heard learned counsel for the parties and after

carefully scrutinizing the record of the case as well as the criminal

antecedents report of the applicants, without expressing any

opinion on merits of the case, this Court is inclined to suspend the

sentence awarded to the appellants-applicants by the trial Court

vide judgment impugned.

Accordingly, this application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by learned Special Judge, SC/ST Act

Cases, District Bhilwara in Sessions Case No.05/2020 against

appellants-applicants (1) Gajendra Singh, S/o Shri Dayal Singh,

(2) Jagveer Singh S/o Ummed Singh Shekhawat, (3) Jai Prakash

@ JP S/o Bhura Ram Jat, and (4) Sampat Singh S/o Madan Singh

Shekhawat, shall remain suspended till final disposal of the

aforesaid appeal provided each of them executes a personal bond

in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to

the satisfaction of the learned trial Judge for their appearance in

this Court on 06.12.2022 and whenever ordered to do so, till the

disposal of the appeal on the conditions indicated below:-

1. That they will appear before the trial court in the month of January of every year till the appeal is decided.

2. That if the appellants change the place of residence, they will give in writing 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, they will give in writing their changed address to the trial court.

(4 of 4) [SOSA-843/2021]

The learned trial court shall keep the record of attendance of

the accused-appellants in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-appellants 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-appellants do not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

                                   (REKHA BORANA),J                                               (VIJAY BISHNOI),J


                                    20-T.Singh, Abhishek/-









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