Rajasthan High Court - Jodhpur
Bittu vs State Of Rajasthan ... on 5 May, 2023
Bench: Farjand Ali
[2023/RJJD/013855]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 226/2023
Lakhveer Singh S/o Shri Dula Singh, Aged About 22 Years, R/o 5
Kk Butra Ps Gamidwali Sri Ganganagar (Lodged In Dist. Jail Sri
Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 235/2023
Bittu S/o Nayab Singh, Aged About 24 Years, R/o Mohanpura,
Police Station Sadar, District Sriganganagar (Raj.) (At Present
Lodged In Central Jail, Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 251/2023
Rajvinder @ Sandhu S/o Shri Major Singh, Aged About 31 Years,
R/o Mohanpura, Ps Sadar, Sri Ganganagar. (Presently Lodged At
Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 284/2023
Gurveer Singh @ Gori S/o Sh. Gurmel Singh, Aged About 22
Years, Mohanpura Ps Sadar Sri Ganganagar. (Lodged In Dist.
Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 285/2023
Jashnadeep Singh @ Jashn S/o Baljindra Singh, Aged About 30
Years, Mohanpura, P.S. Sadar, Dist. Sri Ganganagar. (Lodged In
Central Jail, Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
[2023/RJJD/013855] (2 of 5)
For Petitioner(s) : Mr.J.S. Choudhary, Sr. Advocate asst.
by Mr. Pradeep Choudhary and
Ms. Hemlata Chaoudhary
Mr. Abhishek Aggarwal
Mr. Ashish Gehlot for
Mr. Tirupati Chandra
Mr. Kuldeep Sharma
Mr. Vikas Bishnoi
Mr. Devender Singh Thind
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/05/2023
1. The instant applications for suspension of sentence have
been moved on behalf of the applicants in the matter of
judgment dated 20.02.2023 passed by learned Additional
Sessions Judge No.2, Sri Ganganagar in Sessions Case
No.01/2019 (CIS No.01/2019)(CNR No. RJSG-0100-3045-
2018) whereby they were convicted and sentenced as below:
Name Offence for Sentence
which convicted Awarded
1. Lakhveer Singh Section 395 of IPC 10 years R.I.
2. Bittu Rajvinder @ Sandhu with fine of
3. Rajvinder @ Sandhu Rs. 20,000/-
4. [email protected]
5. Jashnadeep Singh @ Jashn Section 341 of IPC 01 Month
S.I.
Jashnadeep Singh Under Section 01 Years S.I.
3/25 of the Arms with fine of
Act Rs. 1,000/-
2. Learned counsel for the appellants submits that the
appellants were not previously known to the victim and
therefore, the entire case of the prosecution would rest upon
the test identification parade. Since the substratum of the
[2023/RJJD/013855] (3 of 5)
accusation was dependent upon the veracity of the evidence
of test identification parade as well as upon the testimony of
the person who identified the appellants as assailants,
therefore, the quality of the above evidence must be of
sterling worth so as to ensure the conviction. Herein this
case, right from the day of apprehension of the appellants,
they were not kept veiled, which is very much evident from
the arrest memo whereon their colored photographs are
affixed. Simply a formality of writing of mentioning that the
accused were kept veiled will not sufficeint to establish that
proper course has been adopted. The witness was not clear
and firm with regard to the number of the accused rather he
failed to identify some of the accused who were apprehended
by the Police. There is no recovery of any identifiable article.
The appellants were on bail during the course of trial and
never misused the liberty so granted to them. He further
submits that they have strong arguable case in their favour.
In view of the bleak type of evidence relied upon the learned
trial Judge, it is prayed that since the hearing of the appeal
would likely to take a long time, therefore, they may be
released on bail during the pendency of the appeal.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the
accused-applicants for releasing the appellants on
applications for suspension of sentence, however, the colour
photo-graphs of the accused persons are affixed on their
arrest memo.
[2023/RJJD/013855] (4 of 5)
4. Heard learned counsel for the parties and perused the
material available on record.
5. Considering the submissions advanced at bar 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 appeal, this court is
of the opinion that it is a fit case for suspending the sentence
awarded to the accused-appellants.
6. 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 learned Additional Sessions Judge
No.2, Sri Ganganagar in Sessions Case No.01/2019 (CIS
No.01/2019)(CNR No. RJSG-0100-3045-2018) against the
appellants-applicants 1. Lakhveer Singh S/o Shri Dula
Singh, 2. Bittu S/o Nayab Singh, 3. Rajvinder @
Sandhu S/o Shri Major Singh 4. Gurveer Singh @ Gori
S/o Sh. Gurmel Singh 5. Jashnadeep Singh @ Jashn S/
o Baljindra Singh, shall remain suspended till final
disposal of the aforesaid appeal and they shall be released
on bail provided they execute 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 05.06.2023 and whenever ordered to do so till
the disposal of the appeal on the conditions indicated
below:-
[2023/RJJD/013855] (5 of 5)
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 change the place of
residence, they will give in writing 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.
7. 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-applicants 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 applicants
do 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
84-Ashutosh/-
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