Gurtej Singh @ Gejja vs State Of Rajasthan ...
2023 Latest Caselaw 973 Raj

[2023/RJJD/002030]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1006/2022

Gurtej Singh @ Gejja S/o Albel Singh, Aged About 38 Years, By Caste Jatsikh, R/o Sangatpura, Tehsil And Dist. Sri Ganganagar. (Lodged In Central Jail, Bikaner)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. B.S. Rathore For Respondent(s) : Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI Order 24/01/2023

Heard learned counsel for the parties on the application for

suspension of sentence.

The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned Additional Sessions Judge No.1, Sri

Ganganagar vide judgment dated 27.03.2019 in Sessions Case

No.07/2018 (58/13). The appellant-applicant has been sentenced

as under :-

Offence U/s Sentence Fine Sentence in default of payment of fine 302 IPC Life Rs.1,00,000 6 months' S.I.

Imprisonment /-

307 IPC Five years' Rs.20,000/- 1 months' S.I.

R.I.

323 IPC 3 months' S.I. Rs.500/- 7 days' S.I.

Learned counsel for the appellant-applicant has submitted

that the trial court has grossly erred in convicting and sentencing

the appellant-applicant for the offence under Section 302 I.P.C. It

[2023/RJJD/002030] (2 of 3) [SOSA-1006/2022]

is submitted that from the evidence produced by the prosecution,

it appears that the case against the appellant-applicant does not

travel beyond Section 304 Part-II IPC. Learned counsel has further

submitted that though, the deceased as well as the other

prosecution witnesses have alleged that the relations between the

appellant-applicant and the deceased were inimical, but no

concrete evidence has been produced by the prosecution in this

regard. Learned counsel has also submitted that the appellant-

applicant is in custody since 15.09.2013, as such, he has already

undergone substantial part of his sentence. It is also submitted

that final hearing of the appeal is likely to take time, therefore,

the sentence awarded to the appellant-applicant may be

suspended.

Learned Public Prosecutor has opposed this application for

suspension of sentence.

Having considered the totality of facts and circumstances of

the case; after carefully scrutinizing the record of the case and

particularly taking into consideration the custody period of the

appellant-applicant, we consider it just and proper to suspend the

substantive sentence awarded to the appellant-applicant.

Accordingly, this application for suspension of sentence filed

under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the learned Additional Sessions

Judge No.1, Sri Ganganagar vide judgment dated 27.03.2019 in

Sessions Case No.07/2018 (58/13) against appellant-applicant -

Gurtej Singh @ Gejja S/o Albel Singh shall remain suspended till

final disposal of the aforesaid appeal, provided he executes a

[2023/RJJD/002030] (3 of 3) [SOSA-1006/2022]

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 27.02.2023 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.

2. That if the appellant 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, 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-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant 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-appellant 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                                                (VIJAY BISHNOI),J
                                    65-Suraj/Raksha-









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