Jogendra Singh vs State Of Rajasthan ...
2023 Latest Caselaw 8285 Raj

[2023:RJ-JD:34191]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2184/2023

Jogendra Singh S/o Hari Singh, Aged About 33 Years, R/o
Mehuwala Ps Bhattu Dist. Sirsa Haryana Sub Jail Nohar Dist.
Hanumangarh
                                                                          ----Appellant
                                         Versus
State Of Rajasthan, Through Pp
                                                                        ----Respondent


For Appellant(s)                :    Mr.Ram Kumar Bohra.
For Respondent(s)               :    Mr.Mukhtiyar Khan, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                         ORDER

09/10/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

27.09.2023 passed by the learned Additional Sessions Judge No.2,

Nohar, District Hanumangarh in Criminal Sessions Case

No.37/2016 whereby he was convicted and sentenced to suffer

maximum imprisonment of five years under Sections 399, 400 and

402 IPC.

It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this Court being the first appellate Court.

The sentence of the accused-appellant has already been

suspended by the trial court. He was on bail during trial and did

not misuse the liberty so granted to him; hearing of the appeal is

[2023:RJ-JD:34191] (2 of 3) [CRLAS-2184/2023]

likely to take long time, therefore, the application for suspension

of sentence may be granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the appellant on application for suspension of sentence.

Heard learned counsel for the parties and perused the

material available on record.

Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts that the accused-appellant

was on bail during the course of trial and the hearing of appeal is

likely to take further more time and considering the overall

submissions 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-appellant.

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,

Nohar, District Hanumangarh who passed the impugned order

dated 27.09.2023 in Criminal Sessions Case No.37/2016 against

the appellant-applicant- Jogendra Singh S/o 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

[2023:RJ-JD:34191] (3 of 3) [CRLAS-2184/2023]

the satisfaction of the learned trial Judge for his appearance in this

court on 07.11.2023 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 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 addresses, 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.

(KULDEEP MATHUR),J /tarun goyal/

Sr.No.882

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