Rajasthan High Court - Jodhpur
Kamal Singh vs State Of Rajasthan (2024:Rj-Jd:23498) on 23 May, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:23498]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 595/2024
1. Kamal Singh S/o Shri Harbansh Singh, Aged About 23
Years, R/o Ward No. 5 Mohanpura, Police Station Sadar
Sriganganagar, District Sriganganagar.
2. Kala Singh @ Kala S/o Shri Harbansh Singh, Aged About
27 Years, R/o Ward No. 5 Mohanpura, Police Station
Sadar Sriganganagar, District Sriganganagar.
(Present Lodged At Central Jail, Sriganganagar)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 656/2024
Jagveer Singh @ Macha Singh S/o Kuldeep Singh, Aged About
21 Years, R/o Ward No. 05, Mohanpura P.s. Sadar, Dist. Sri
Ganganagar.
(At Present Lodged In Central Jail, Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajesh Saharan
Mr. Achala Ram
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
23/05/2024
Heard learned counsels for the appellants and learned Public
Prosecutor and perused the material available on record.
[2024:RJ-JD:23498] (2 of 3) [SOSA-595/2024]
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case including the facts that the appellants were on bail
during the trial and there is no chance of hearing of the appeals in
near future, this Court is of the opinion that it is a fit case for
suspending the substantive sentences awarded to the accused
appellants.
Accordingly, both the applications for suspension of sentence
filed under Section 389 Cr.P.C. are allowed and it is ordered that
the substantive sentence passed by the learned Additional
Sessions Judge No.2, Sriganganagar, vide judgment dated
05.04.2024 in Sessions Case No.28/2022 (CIS No.76/2022)
against the appellants-applicants (1) Kamal Singh S/o Shri
Harbansh Singh, (2) Kala Singh @ Kala S/o Shri Harbansh Singh &
(3) Jagveer Singh @ Macha Singh S/o Kuldeep Singh, shall remain
suspended till final disposal of the aforesaid appeals and they shall
be released on bail subject to deposit of 50% of the fine amount
as imposed by the learned trial Court and provided each of them
executes a personal bond in the sum of Rs.1,00,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the learned trial
Judge for their appearance in this court on 25.07.2024 and
whenever ordered to do so till the disposal of the appeals 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.
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.
[2024:RJ-JD:23498] (3 of 3) [SOSA-595/2024]
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
4. Appellants shall deposit 50% of the fine amount
as imposed by the learned 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.
(MANOJ KUMAR GARG),J
161 & 162-MS/-
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