Rajasthan High Court - Jodhpur
Amandeep Singh vs State Of Rajasthan (2024:Rj-Jd:25017) on 30 May, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:25017]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 586/2024
Amandeep Singh S/o Gurdeep Singh, Aged About 28 Years, B/c
Mehra Sikh R/o 20-B Block Ps Kotwali Sriganganagar Raj.
(Presently Lodged In Central Jail Sriganganagar And Behind The
Bar Since 9-6-2023 In Present Case)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. MM Dhera
For Respondent(s) : Mr. Mukesh Trivedi, PP with
Ms. Anita Gehlot, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
30/05/2024
Heard the parties and perused the material available on
record.
Learned counsel for the appellant submits that the appellant
has been found to be positive for Hepatitis C throughout the last
five months and now his condition has become very serious.
Learned Public Prosecutor has also verified the fact about the
seriousness of the allegation.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that the appellant was on bail
during the trial and hearing of the appeal is likely to take time,
therefore, this court is of the opinion that it is a fit case for
[2024:RJ-JD:25017] (2 of 3) [SOSA-586/2024]
suspending the substantive 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 Special Judge, POCSO Act Cases No.1,
Sriganganagar, vide judgment dated 09.06.2023 in Sessions Case
No.98/2018 against the appellant-applicant Amandeep Singh S/o
Gurdeep Singh, shall remain suspended till final disposal of the
aforesaid appeal subject to the condition that the appellant shall
deposit 50% of the fine amount as imposed by the learned trial
Court and he shall be released on bail, provided he 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
his appearance in this court on 05.08.2024 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 address, they will
give in writing their changed address to the trial Court.
4. Appellant shall deposit 50% of fine amount as
imposed by the learned 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
[2024:RJ-JD:25017] (3 of 3) [SOSA-586/2024]
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.
(MANOJ KUMAR GARG),J
3-Arjun/-
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