Man Singh S/O Girraj vs State Of Rajasthan
2023 Latest Caselaw 2217 Raj/2

[2023/RJJP/003131]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Misc. suspension of sentence application No.
                                  333/2023
                                        in
                      Appeal (Sb) No. 295/2023
1.     Man Singh S/o Girraj, R/o Hingwa, Police Station Manpur
       Tehsil Sikray, District Dausa (Raj) (The Applicants Are
       Behind The Bars In Central Jail, Shyalawas, District Dausa)
2.     Jal Singh S/o Man Singh, R/o Hingwa, Police Station
       Manpur Tehsil Sikray, District Dausa (Raj) (The Applicants
       Are Behind The Bars In Central Jail, Shyalawas, District
       Dausa)
                                                                  ----Appellants
                                    Versus
State Of Rajasthan, Through The Public Prosecutor
                                                                 ----Respondent

For Appellant(s)           :    Mr. P.S. Rajawat
For Respondent(s)          :    Mr. B.L. Nasuna, PP
                                Mr. Mohar Pal Meena, for the
                                complainant



                HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

17/02/2023

      Heard    learned   counsel        for    the    accused-appellants     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-appellants have

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.

[2023/RJJP/003131] (2 of 3) [SOSA-333/2023]

Learned counsel for the accused-appellants 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

appellant is not distinguishable in any manner. They were 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 and learned counsel for the

complainant have vehemently opposed the prayer made by

learned counsel for the accused-appellants 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-appellants.

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-applicants- Man Singh S/o

Girraj and Jal Singh S/o Man Singh shall remain suspended till

final disposal of the aforesaid appeal and they shall be released on

bail provided each of them 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 their appearance in this

[2023/RJJP/003131] (3 of 3) [SOSA-333/2023]

court on 20.03.2023 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

1. That they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicants changes the place of residence, they 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-applicants 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/91

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