Rajasthan High Court
Shaitan Singh @ Tillu S/O Prahlad vs State Of Rajasthan on 3 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Cr. Misc. Application for Suspension of Sentence
No.599/2022
in
S.B. Criminal Revision Petition No. 2021/2022
Shaitan Singh @ Tillu S/o Prahlad, Aged About 24 Years, R/o
Soorwal P.s. Soorwal District Sawai Madhopur (At Present
Confined In Central Jail, Sewar Bharatpur)
----Petitioner
Versus
State Of Rajasthan, Through P.P
----Respondent
For Petitioner(s) : Mr. Tarun Jain
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/01/2023
Heard learned counsel for the accused-petitioner and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 15.11.2022 passed by
Additional Sessions Judge, Sawai Madhopur in Criminal No.
66/2022 whereby the appeal filed by the petitioner against the
judgment dated 07.06.2022 passed by Additional Chief Judicial
Magistrate (Railways) Kota, Camp Swawai Madhopur in Criminal
Case No. 14065/2018 has been dismissed. As per the order dated
07.06.2022, the accused-petitioner has been convicted for the
offence punishable under sections 4/25 of the Arms Act and has
been sentenced with one year simple imprisonment along with fine
of Rs. 1,000/-.
(2 of 3) [SOSA 599/2022]
Learned counsel for the accused-petitioner submits that the
evidence with respect to recovery of the alleged arms is not up to
the mark and therefore, no reliance can be placed on it. 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-petitioner for
releasing the petitioner on application for 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 the defects of the prosecution as the same may put an
adverse effect on hearing of the revision petition, this court is of
the opinion that it is a fit case for suspending the sentence
awarded to the accused-petitioner.
Accordingly, the application for suspension of sentence filed
under Section 397 Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Additional Chief Judicial
Magistrate (Railways) Kota, Camp Swawai Madhopur vide
judgment dated 07.06.2022 in Regular Criminal Case No.
14065/2018 against the appellant-petitioner-Shaitan Singh @
Tillu S/o Prahlad shall remain suspended till final disposal of the
aforesaid revision 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
(3 of 3) [SOSA 599/2022]
whenever ordered to do so till the disposal of the revision on the
conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the revision
petition is decided.
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/120
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