Rajasthan High Court - Jodhpur
Dhul Singh vs State Of Rajasthan on 23 November, 2022
Bench: Pushpendra Singh Bhati
(1 of 2) [SOSA-939/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 939/2022
Dhul Singh S/o Ganga Singh Rajput, Aged About 57 Years, Punja
Colony, Jhadole, P.s. Jhadole, Dist. Udaipur. (At Present Lodged
In Central Jail Udaipur).
----Petitioner
Versus
State Of Rajasthan through the Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Love Jain
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/11/2022
Heard learned counsel for the parties.
Learned counsel for the appellant submits that there is no
criminal antecedent except for an accidental case against the
appellant. Learned counsel further submits that the appellant has
already undergone a custody of one year and one month. Learned
counsel also submits that the appellant has been acquitted under
Section 307 IPC and convicted under Section 326 IPC.
Learned Public Prosecutor opposes the suspension of
sentence application, but is unable to refute the aforesaid factual
matrix.
On conjoint consideration of the submissions made on behalf
of the appellant as well as the factual matrix of the case, this
Court is inclined to suspend the substantive sentence awarded to
the accused-appellant.
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(2 of 2) [SOSA-939/2022]
Accordingly, this S.B. Suspension of Sentence Application
(Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered
that the substantive sentence passed by the trial court vide
judgment dated 17.09.2022 in Sessions Case No.101/2016
against appellant Dhul Singh S/o Ganga Singh Rajput 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
learned trial Judge for his appearance in this court on 02.01.2023
and whenever ordered to do so, till the disposal of the appeal on
the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant changes the place of
residence, he will give in writing his 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.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was 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-appellant 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.
99-Zeeshan
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