Rajasthan High Court
Sardar Singh S/O Shri Ramhet vs State Of Rajasthan on 2 February, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:5740]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.72/2024
In
S.B. Criminal Revision Petition No. 187/2024
Sardar Singh S/o Shri Ramhet, R/o Kanch Ki Dhani, Tan Abhaneri,
Tehsil Baswa, District Dausa (Raj) (At Present Confined In Special
Central Shyalawas District Dausa)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr.Mohar Pal Meena
For Respondent(s) : Mr.Chandragupta Chopra, Public
Prosecutor
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
02/02/2024
The appellant-applicant-Sardar Singh S/o Shri Ramhet herein
has been convicted and sentenced vide judgment dated
25.11.2016 passed by learned Additional Chief Judicial Magistrate,
Bandikui, District Dausa in Criminal Case No.280/2010 as under:-
Offence Under Imprisonment Fine Sentence in
Section default of fine
279 of IPC 6 Months' S Rs.1000/- 15 Days'
learned additional SI
Additional
Session Judge
No.2,
Bandikui,
District Dausa
I
304-A of IPC 2 Years' SI Rs.5000/- One Month's
additional SI
[2024:RJ-JP:5740] (2 of 3) [CRLR-187/2024]
134/187 of MV 1 month's SI ------ --------
Act
Heard learned counsel for the applicant-appellant and
learned Public Prosecutor on the application for suspension of
sentences.
Upon a consideration of the arguments advanced on behalf
of the appellant-applicant and having regard to the facts and
circumstances as available on the record, this Court is of the
opinion that it is a fit case for suspending the sentences awarded
to the accused appellant-applicant during pendency of the instant
appeal.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Chief Judicial
Magistrate, Bandikui, District Dausa vide order dated 25.11.2016
in Criminal Case No.280/2010 as affirmed by the learned
Additional Session Judge No.2, Bandikui, District Dausa, vide
judgment dated 20.01.2024 in Criminal Appeal No.75/2016 (CIS
No.75/2016) against the appellant-applicant Sardar Singh S/o
Shri Rahmet, 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 04.03.2024 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.
[2024:RJ-JP:5740] (3 of 3) [CRLR-187/2024]
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
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(PRAVEER BHATNAGAR),J
Preeti Asopa /94
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