Rajasthan High Court - Jodhpur
Rajendra Singh vs State Of Rajasthan (2023:Rj-Jd:44227) on 18 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:44227]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1520/2023
Rajendra Singh S/o Manohar Singh, Aged About 25 Years, R/o
Pichawa, P.s. Takhatgarh, Dist. Pali, Rajasthan. (At Present
Lodged In Central Jail Jodhpur).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Mangal Singh S/o Shri Devi Singh, R/o Salodariya, P.S.
Sumerpur, District Pali, Rajasthan.
----Respondent
For Petitioner(s) : Mr. B.S. Rathore
For Respondent(s) : Mr. S.S. Rajpurohit, PP
Mr. S.S. Rathore for respondent No.2
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
18/12/2023
Heard learned counsel for the appellant as well as learned
Public Prosecutor.
Learned counsel for the appellant submits that the accused-
appellant is in judicial custody since 10.04.2018 and he has
served more than 5 years of sentence out of total 7 years of
imprisonment. The hearing of the appeal will take sufficiently long
time, therefore, the sentence of the appellant may kindly be
suspended.
Learned Public Prosecutor and learned counsel for the
respondent No.2 have opposed the prayer made by the counsel for
the appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
[2023:RJ-JD:44227] (2 of 3) [SOSA-1520/2023]
of the case, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused
appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentences passed by the learned Additional Session
Judge, Sumerpur, District Pali vide judgment dated 09.11.2023 in
Sessions Case No.12/2018 against the appellant-applicant,
Rajendra Singh S/o Manohar Singh, shall be suspended till final
disposal of the aforesaid appeal subject to the condition that the
appellant shall deposit the 50% of the fine amount as imposed by
the learned trial Court and he will be released on bail, provided he
executes a personal bond in the sum of Rs.1,00,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 22.01.2024 and
whenever ordered to do so till the disposal of the 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 to
the trial Court.
4. Appellant shall deposit the 50% of fine amount
as imposed by the learned 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
[2023:RJ-JD:44227] (3 of 3) [SOSA-1520/2023]
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.
(MANOJ KUMAR GARG),J
186-Rashi/-
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