Rajasthan High Court
Jeet Singh S/O Suvar Singh vs State Of Rajasthan on 5 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:37413]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.1478/2024
IN
S.B. Criminal Appeal (Sb) No. 2218/2024
1. Jeet Singh S/o Suvar Singh, Aged About 49 Years,
Resident Of Village Naswari P.s. Govindgarh District Alwar
(Rajasthan) (Presently Confined In District Jail Alwar Dist.
Alwar)
2. Phooli @ Phool Chand S/o Bihari Lal @ Chetan Das,
Resident Of Village Naswari P.s. Govindgarh District Alwar
(Rajasthan) (Presently Confined In District Jail Alwar Dist.
Alwar)
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Anupam Sharma
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
05/09/2024
1. Heard learned counsel for the applicants-appellants and
learned Public Prosecutor on the application for suspension of
execution of sentence. Perused the material available on record.
2. The applicants-appellants herein have been convicted for
offence under Sections 353, 307, 307/34 of IPC & Section 3/25 &
5/27 of Arms Act vide judgment dated 17.08.2024 passed by
learned Additional District & Sessions Judge, Laxmangarh, District
[2024:RJ-JP:37413] (2 of 4) [SOSA No.1478/2024]
Alwar (Raj.) in Sessions Case No.80/2013 (CIS No.190/2014) and
have been sentenced to maximum punishment of five years.
3. Learned counsel for the applicants submits that learned trial
court has erred in convicting and sentencing the applicants as
mentioned above. Learned trial court has not appreciated the
evidence in right and correct perspective. Counsel submits that
there is no evidence is available on record indicating that the
appellants caused fire-arm injury. He submits that there are no
criminal antecedents of the applicants.. It is further submitted that
during trial, applicants were on bail and they did not misuse the
liberty of bail. He submits that the maximum term of sentence is
five years. He argues that there is no immediate prospect of early
hearing and disposal of the appeal.
4. Learned Public Prosecutor opposes submissions made by the
learned counsel for appellant.
5. Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
as available on the record, especially the fact that it is a case of no
injury; there are no criminal antecedents of the appellants; during
trial, the appellants were on bail and final adjudication of the
appeal will take long time, but without making any comment on
the merits/demerits of the case, this Court is of the opinion that
the appellants have available to him strong grounds to assail the
impugned judgment of conviction and sentence. Thus, it is a fit
case for suspending the sentences awarded to the accused
appellants during pendency of the instant appeal.
[2024:RJ-JP:37413] (3 of 4) [SOSA No.1478/2024]
6. 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 District & Sessions
Judge, Laxmangarh, District Alwar (Raj.) vide judgment dated
17.08.2024 in Sessions Case No.80/2013 (CIS No.190/2014)
against the appellants-applicants 1) Jeet Singh S/o Suvar
Singh & 2) Phooli @ Phool Chand S/o Bihari Lal @ Chetan
Das 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/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 10.10.2024 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.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
7. The learned trial Court shall keep the record of attendance of
the accused-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants was tried and convicted. A copy of this order shall also
[2024:RJ-JP:37413] (4 of 4) [SOSA No.1478/2024]
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 applicants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(ANIL KUMAR UPMAN),J
GAUTAM JAIN /47
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