Rajasthan High Court - Jodhpur
Jaswant Singh vs State Of Rajasthan on 12 October, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. II Suspension Of Sentence Application
(Appeal) No. 493/2022
1. Jaswant Singh S/o Sh. Gurcharan Singh, Aged About 27
Years, B/c Raisikh R/o 30 Apd Ps Anoopgarh Dist.
Sriganganagar Raj. (Presently In Central Jail
Sriganganagar)
2. Vishan Singh S/o Karnel Singh, Aged About 37 Years, B/c
Raisikh R/o 60 Gb Ps Anoopgarh Dist. Sriganganagar Raj.
(Presently In Central Jail Sriganganagar)
3. Surender Singh S/o Bhagat Singh, Aged About 27 Years,
B/c Raisikh R/o 30 Apd Ps Anoopgarh Dist. Sriganganagar
Raj. (Presently In Central Jail Sriganganagar)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vivek Aggarwal
For Respondent(s) : Mr. Sharwan Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/10/2022
Heard learned counsel for the parties on the application
seeking suspension of sentence.
Counsel for the appellants submits that the appellant No.1
has undergone total sentence of 08 years, 02 months & 19 days
as on 11.10.2022, out of total 10 years rigorous imprisonment;
appellant no.2 & 3 have undergone total sentence of 08 years, 02
months & 15 days as on 11.10.2022, out of total 10 years
rigorous imprisonment, thus, has completed more than eight
years in custody.
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Counsel for the appellants further submits that there is no
likelihood of the appeal being heard at an early date, thus, prayed
to suspend the sentence.
Counsel for the appellants 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 appellants 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
has released the appellant on completion of custody of 08 years in
NDPS cases.
Learned Special P.P. opposed the application.
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 appellants.
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Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellants
- (1) Jaswant Singh S/o Sh. Gurcharan Singh, (2) Vishan
Singh S/o Karnel Singh, & (3) Surender Singh S/o Bhagat
Singh by learned Special Judge (Special court POCSO ACt Cases)
No.1, Sriganganagar vide judgment dated 24.12.2021 in Sessions
Case No.27/2018 shall remain suspended till final disposal of
aforesaid appeal provided they execute 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
their appearance before this Court on 14.11.2022 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.
(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
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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.
172-Sudheer/-
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