Nimb Singh @ Neem Singh vs State Of Rajasthan
2023 Latest Caselaw 3252 Raj

[2023/RJJD/010922]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application No. 330/2023 IN S.B. Criminal Appeal No. 426/2023

Nimb Singh @ Neem Singh S/o Jethu Singh Rawat, Aged About 38 Years, R/o Sameliya Saddai Ps Bhim Dist. Rajsamand Raj.

                                                                      ----Appellant
                                       Versus
State of Rajasthan, Through PP
                                                                    ----Respondent


For Appellant(s)             :     Mr. Rahul Soni
For Respondent(s)            :     Mr. Gaurav Singh, PP



               HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

19/04/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

28.03.2023 passed by learned Session Judge, Rajsamand in

Sessions Case No.55/2020 whereby he was convicted and

sentenced to suffer maximum punishment of 1 year simple

imprisonment along with fine of Rs.1,000/- in default 15 days

simple imprisonment under Section 363 of IPC.

It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate Court.

Learned counsel for the appellant also submits that hearing of the

[2023/RJJD/010922] (2 of 3)

appeal is likely to take long time, therefore, the application for

suspension of sentence may be granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the learned counsel for the

applicant for releasing the appellant on application for suspension

of sentence.

Heard and perused the material available on record.

Upon consideration of the grounds raised in the memo of the

appeal, looking to the totality of facts and circumstances of the

case, more particularly the fact that the hearing of appeal is likely

to take further more time and considering the overall submissions

while refraining from passing any comments on the niceties of the

matter and the defects of the prosecution as the same may put an

adverse effect on hearing of the appeal, this court is of the opinion

that it is a fit case for suspending the sentence awarded to the

accused-appellant.

Accordingly, the present application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed learned Session Judge,

Rajsamand vide judgment dated 28.03.2023 in Sessions Case

No.55/2020 against the appellant-applicant Nimb Singh @ Neem

Singh S/o Jethu Singh Rawat shall remain suspended till final

disposal of the aforesaid appeal and he/she/they shall be released

on bail, provided he/she/each execute a personal bond in the sum

of Rs.50,000/-with two sureties of Rs.25,000/- to the satisfaction

of the learned trial court for his/her/their appearance in this Court

on 23.05.2023 and whenever ordered to do so till the disposal of

the appeal on the conditions indicated below:-

[2023/RJJD/010922] (3 of 3)

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) change(s) the place of residence, he/she/they will give in writing his changed address(es) to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(es), 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-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 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(do) not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(FARJAND ALI),J 161-AnilKC/-

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