Rajasthan High Court
Ajeet Singh Son Of Nawal Kishore vs State Of Rajasthan on 20 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:39872]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of Sentence
No.1579/2024
IN
S.B. Criminal Appeal (Sb) No. 2374/2024
1. Ajeet Singh Son Of Nawal Kishore, Resident Of Mohalla
Khadan, Police Station Kotwali Alwar
2. Vijay @ Kanggi Son Of Yadram, Resident Of , Lalkhan
Mohalla Akhaipura Police Station Kotwali Alwar
3. Prince Chanwariya Son Of Ramesh, Resident Of , Lalkhan
Mohalla Akhaipura Police Station Kotwali Alwar
4. Krishna Kumar Son Of Brahmnand, Resident Of , Mohalla
Akhaipura Police Station Kotwali Alwar
5. Deepak Son Of Ramesh, Resident Of , Mohalla Akhaipura
Police Station Kotwali Alwar
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Shriram Yadav
For Respondent(s) : Mr. Vijay Singh Yadav, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
20/09/2024
Heard learned counsel for the applicants-appellants and
learned Public Prosecutor on the application for suspension of
sentence. Perused the material available on record.
The applicants-appellants have been convicted for the
offences punishable under Sections 148 & 308 read with Section
149 of IPC vide judgment dated 31.08.2024 passed by learned
[2024:RJ-JP:39872] (2 of 4) [CRLAS-2374/2024]
Additional Sessions Judge, No. 2, Alwar (Raj.) in Sessions Case
No.30/2013 and has been sentenced to maximum punishment of
three years.
It is submitted that learned trial court has erred in convicting
and sentencing the appellants as mentioned above. Learned trial
court has not appreciated the evidence in right and correct
perspective. Counsel relies upon the judgment passed by Hon'ble
Apex Court in the case of Bhagwan Rama Shinde Gosai & Ors.
Vs. State of Gujarat reported in (1999) 4 SCC 421 wherein, it
has been held that when a convicted person is sentenced to fixed
period of sentence and when he files appeal under any statutory
right, suspension of sentence can be considered by the appellate
court liberally unless there are exceptional circumstances. Counsel
submits that applicants-appellants were on bail during trial & there
is no allegation against them of misusing the liberty of bail. He
further submits that the sentence awarded to the applicants have
already been suspended by the trial court for one month. He
argues that there is no immediate prospect of early hearing and
disposal of the appeal.
Learned State counsel vehemently opposed the application
for suspension of execution of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellants 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-
appellants 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
[2024:RJ-JP:39872] (3 of 4) [CRLAS-2374/2024]
sentences passed by the learned Additional Sessions Judge, No. 2,
Alwar (Raj.) vide judgment dated 31.08.2024 in Sessions Case
No.30/2013 against the appellants-applicants 1) Ajeet Singh
Son Of Nawal Kishore, 2) Vijay @ Kanggi Son Of Yadram, 3)
Prince Chanwariya Son Of Ramesh, 4) Krishna Kumar Son
Of Brahmnand & 5) Deepak Son Of Ramesh 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 their
appearance in this court on 21.10.2024 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.
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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applleant 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-JP:39872] (4 of 4) [CRLAS-2374/2024]
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused applleant does 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 /62
Powered by TCPDF (www.tcpdf.org)
