Rajasthan High Court - Jodhpur

Kaptan Singh vs State Of Rajasthan ... on 18 October, 2023

Bench: Augustine George Masih, Vinit Kumar Mathur

[2023:RJ-JD:35830-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc 2nd Suspension of Sentence Application (Appeal) No. 1205/2023

1. Kaptan Singh S/o Shri Narayan Singh, Aged About 42 Years, Presently Lodged In Open Air Camp Sikar.

2. Jogendra Singh S/o Sh. Sumer Singh, Aged About 35 Years, Presently Lodged In Open Air Camp Sanganer Jaipur.

3. Dhanney Singh S/o Sh. Chain Singh, Aged About 40 Years, Presently Lodged In Open Air Camp Ratangarh Churu.

All are R/o Village Jhandva Tehsil Ratangarh And P.S. Ratangarh Dist. Churu.

                                                                      ----Petitioners
                                       Versus
State Of Rajasthan, Through PP
                                                                     ----Respondent


For Petitioner(s)             :    Mr. Kalu Ram Bhati
For Respondent(s)             :    Mr. R.R. Chhaparwal, PP

HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

18/10/2023 (Oral)

1. The appellants-applicants herein have been convicted and

sentenced as below vide judgment dated 21.12.2017 passed by

the learned Additional Sessions Judge, Ratangarh, District Churu,

in Session Case No.16/2012:

     Offence                Sentence                                Fine
302/149 IPC         Life Imprisonment Rs.10,000/- and in default of
                                      which to further undergo six
                                      months' S.I.



 [2023:RJ-JD:35830-DB]                   (2 of 5)                      [SOSA-1205/2023]


148 IPC             03 Years R.I.                  Rs.2,000/- and in default of
                                                   which to further undergo two
                                                   months' S.I.
427 IPC             01 Year R.I.                   Rs.1,000/- and in default of
                                                   which to further undergo one
                                                   month S.I.
341 IPC             01 Month S.I.                  Rs.500/- and in default of
                                                   which to further undergo 07
                                                   Days' S.I.



2.    The    appellants-applicants             have       preferred    the    second

application for suspension of sentence under Section 389 Cr.P.C.

during the pendency of the appeal and for release on bail. Earlier

first application seeking suspension of sentence was dismissed on

20.09.2018.

3. The only plea raised by learned counsel for the appellants-

applicants is that as the applicants are in custody for more than

13 years and there is no chance of hearing of the appeal in near

future, thus, in view of the directions of the Hon'ble Supreme

Court dated 15.09.2022 in Sonadhar v. The State of Chhattisgarh

: SLP (Crl.) No.529/2021, the sentence of the applicants be

suspended and they be enlarged on bail.

4. Further submissions have been made that there are no

reasons and / or extenuating circumstances for denial of bail.

Submissions have also been made with reference to order dated

05.10.2021 in Saudan Singh v. The State of Uttar Pradesh : SLP

(Crl.) No.4633/2021, wherein also observations have been made

regarding grant of bail in the appeal at the High Court stage

except certain exceptions and that none of the exceptions are

applicable in the present case.

[2023:RJ-JD:35830-DB] (3 of 5) [SOSA-1205/2023]

5. Learned Public Prosecutor opposed the application for

suspension of sentence contending that three criminal cases being

Criminal Case Nos.274/2004, 293/2011 & 90/2012 are pending

against the applicant-appellant No.1- Kaptan Singh, three criminal

cases being Criminal Case No.293/2011, 185/2000 & 90/2012 are

pending against the applicant-appellant No.2- Dhanney Singh and

one criminal case being Criminal Case No.90/2012 is pending

against the applicant-appellant No.3- Jogendra Singh. However, he

has not denied that the appellants-applicants have already

undergone sentence of more than 13 years during trial and after

sentence.

6. We have considered the submissions made by learned

counsel for the parties and have perused the material available on

record.

7. Looking to the fact that criminal appeals pertaining to year

2018 are pending for hearing, there is no likelihood of hearing of

the present appeal in near future.

8. The Hon'ble Supreme Court in the case of Sonadhar (supra),

while dealing with SMW (Crl.) No.4/2021 pertaining to 'life

convicts in jail whose appeals are pending before the High Court'

inter-alia, issued the following directions :-

"We consider appropriate to issue directions in terms of the aforesaid suggestions to the Patna High Court and on a pari materia basis to even the other High Courts. However, in order to carry out this exercise, the data would have to be compiled of such of the persons who have been in custody for more than 10 years and more than 14 years, with these persons being considered for grant of bail pending appeal, if there is no chance of hearing of the appeal in the near future, unless there are reasons for denial of bail. We can understand if any of the parties is delaying the appeal itself but short of that, we are of the view that all persons who have completed 10 years of sentence and appeal is not in proximity of hearing with no extenuating circumstances should be enlarged on bail."

[2023:RJ-JD:35830-DB] (4 of 5) [SOSA-1205/2023]

9. Prior to that in the case of Saudan Singh (supra) also

observations were made regarding grant of bail in cases where

convicts have undergone sentence for sufficiently long time and

appeals were pending at the High Court stage with exceptions

indicated therein.

10. In the present case as observed herein-before, the

appellants-applicants have already undergone sentence for more

than 13 years and apparently, there are no chances of hearing of

the present appeal in near future. Except for the fact that the

appellants-applicants were involved in offence leading to their

conviction for life, nothing has been brought on record by way of

extenuating circumstances for denial of suspension of sentence.

11. Consequently, following the order in the case of Sonadhar

(supra) and observations made in Saudan Singh (supra), without

making any observations on merits of the case and only on

account of the fact that more than 13 years' sentence has already

been undergone by the appellants-applicants, we are inclined to

suspend the substantive sentence of the appellants-applicants,

namely, (1)Kaptan Singh S/o Shri Narayan Singh (2) Jogendra

Singh S/o Sh. Sumer Singh & (3) Dhanney Singh S/o Sh. Chain

Singh, during the pendency of the appeal.

12. Accordingly, the instant second application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that substantive sentence passed by learned Additional

Sessions Judge, Ratangarh, District Churu in Session Case

No.16/2012 against the appellants-applicants, namely, (1)

Kaptan Singh S/o Shri Narayan Singh (2) Jogendra Singh

[2023:RJ-JD:35830-DB] (5 of 5) [SOSA-1205/2023]

S/o Sh. Sumer Singh & (3) Dhanney Singh S/o Sh. Chain

Singh, shall remain suspended till final disposal of the aforesaid

appeal and they shall be released on bail, provided each of them

executes a personal bond in the sum of Rs.50,000/- each with two

sureties of Rs.25,000/- each to the satisfaction of learned trial

Judge for their appearance in this court on 24.11.2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:

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.