Rajasthan High Court
Indar @ Ramsingh Son Of Girraj vs State Of Rajasthan on 17 February, 2023
Bench: Farjand Ali
[2023/RJJP/003131]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Cr. Misc. suspension of sentence Application No. 389/2023
in
Criminal Appeal No. 356/2023
Indar @ Ramsingh Son Of Girraj, Aged About 50 Years, Resident
Of Heengwa Police Station Manpur Tehsil Sikrai District Dausa
(Raj) (At Present In District Jail Dausa)
----Appellant
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. Mahendra Singh Rajpoot, Mr. P.S.
Rajawat,
For Respondent(s) : Mr. B.L. Nasuna, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/02/2023
Heard learned counsel for the accused-appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 22.11.2022 passed by
Additional Sessions Judge, Sikrai, District Dausa, in Sessions Case
No.51/2021 whereby the accused-appellant has been convicted for
the offence punishable under sections 148, 323/149, 324, 325 and
307 IPC and has been sentenced with maximum of ten years
rigorous imprisonment along with fine of Rs. 10,000/- for offence
under Section 307/149 IPC.
Learned counsel for the accused-appellant submits that the
similarly situated co-accused persons have already been granted
bail by a Coordinate Bench of this Court and the case of the
[2023/RJJP/003131] (2 of 3) [CRLAS-356/2023]
appellant is not distinguishable in any manner. He was on bail
during the entire course of the trial but the liberty was never
misused. Therefore, the application for suspension of sentence
may be granted.
Learned Public Prosecutor has vehemently opposed the
prayer made by learned counsel for the accused-appellant for
releasing the appellant on suspension of sentence.
Considering the overall submissions of the parties and
looking to the totality of facts and circumstances of the case while
refraining from passing any comments on the niceties of the
matter and on the ground of parity 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 application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Additional Sessions Judge, Sikrai,
District Dausa, in Sessions Case No.51/2021, vide judgment dated
22.11.2022 against the appellant-applicant- Indar @ Ramsingh
Son Of Girraj shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail 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 13.02.2023 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.
[2023/RJJP/003131] (3 of 3) [CRLAS-356/2023]
2. That if the applicant 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(s),
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 in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant 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 does 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
Pcg/90
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