Sahjinder Singh vs State Of Rajasthan-State
2023 Latest Caselaw 810 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 789/2020

Sahjinder Singh S/o Sh. Hari Singh, Aged About 27 Years, By Caste Jatsikh, R/o Senpal Kotha, Ps Rania, District Sirsa Haryana. (At Present Lodged In Central Jail Udaipur).

----Petitioner Versus State Of Rajasthan-State, Through P.p.

                                                                ----Respondent


For Petitioner(s)         :    Mr. Bhawani Singh
For Respondent(s)         :    Mohd. Javed Gouri, PP



         HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                    Order

20/01/2023

Heard learned counsel for the appellant and learned Public

Prosecutor on application for suspension of sentence.

Learned counsel for the appellant-applicant submits that the

accused-appellant is behind bars from last 7 years and 3 months.

Therefore, learned counsel for the appellant prays that the

sentence awarded to the accused-appellant may be suspended.

Learned Public Prosecutor vehemently opposed the prayer

made by the learned counsel for the accused-appellant.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case, this Court is of the opinion that it is a fit case for

suspending the sentence awarded to the accused-appellant.

(2 of 3) [SOSA-789/2020]

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 Special Judge, NDPS cases No.2

Chittorgarh, vide judgment dated 01.11.2019 in Sessions Case

No.47/2017 against the appellant-applicant Sahjinder Singh S/o

Sh. Hari Singh 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 20.02.2023 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.

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/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

(3 of 3) [SOSA-789/2020]

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

Court for cancellation of bail.

(MADAN GOPAL VYAS),J 97-neha/-

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