Rajasthan High Court - Jodhpur
Nakshktar Singh vs State Of Rajasthan (2024:Rj-Jd:40726) on 1 October, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JD:40726]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1074/2024
In
S. B. Criminal Appeal No.1185/2024
Nakshktar Singh S/o Bhagwan Singh, Aged About 61 Years, R/o
Ward No. 10, Ratanpura Dhani, 21 Pbn, Dist. Hanumangarh.
(Presently Lodged At Dist. Jail, Hanumangarh)
----Applicant
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Dr. RDSS Kharlia
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
01/10/2024
1. Heard the parties.
2. Learned counsel for the applicant submits that Seven years'
rigorous imprisonment has been awarded against the applicant by
the trial judge for offence under Section 304 (II) IPC. Applicant
was on bail during trial. While granting bail to the applicant on
20.03.2012 in S.B. Criminal Misc. Bail Application No.1693/2012,
a Bench of this Court had noticed the evidence and observed as
follows:-
"The allegation against the present petitioner is
that he has inflicted head injury on the deceased
by sharp edged weapon but no sharp edged
weapon injury has been mentioned in the injury
report and cause of death of deceased is cardio
respiratory arrest."
[2024:RJ-JD:40726] (2 of 3) [SOSA-1074/2024]
3. Learned Public Prosecutor opposed the prayer for suspension
of sentence.
4. Considering substance in the submission of learned counsel
for the applicant as well as the fact that the appeal would take
time for final disposal, the instant application for suspension of
sentence stands allowed. The sentence awarded against the
applicant above-named by the Learned Upper Sessions Judge
No.2, Hanumangarh vide judgment dated 31.07.2024 passed in
Sessions Case No.14/2012 (Old No.01/2012) shall remain
suspended till final disposal of the appeal provided that he
furnishes a bail bond of Rs.50,000/- with two sureties of like
amount (one of the sureties of territorial jurisdiction of the trial
court) to the satisfaction of the learned trial Court with following
conditions:-
(1) That he will appear in person before the trial court in
the first week of November 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(s), they
will give in writing their changed address(s) to the trial
court.
5. 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
[2024:RJ-JD:40726] (3 of 3) [SOSA-1074/2024]
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.
(BIRENDRA KUMAR),J
84-nitin/-
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