Rajasthan High Court - Jodhpur
Mohar Singh vs State Of Rajasthah (2025:Rj-Jd:8143) on 10 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:8143]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1796/2024
Mohar Singh S/o Ranjeet Singh, Aged About 74 Years, R/o
Nethrana, P.s. Gogamedi, Dist. Hanumangarh,raj. (Lodged In
Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthah, Through Pp
----Respondent
For Petitioner(s) : Mr. Manjeet Godara
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
Mr. TC Sharma
Mr. Mahaveer Prasad, ASI, PS
Gogamedi, Hanumangarh.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
10/02/2025
Heard learned counsel for the parties and perused the
material available on record.
Counsel for the appellant submits that the appellant has
been acquitted from the main offence under Section 302 IPC by
the trial court. The appellant was on bail during the trial and there
is no chance of hearing of the appeal in near future, therefore, the
sentence of the appellant may be suspended and he may be
released on bail.
Learned Public Prosecutor and learned counsel for the
complainant have vehemently opposed the application for
suspension of sentence.
[2025:RJ-JD:8143] (2 of 3) [SOSA-1796/2024]
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 there is no chance of hearing of the appeal in
near future, this Court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. (430 of BNSS) is allowed and it is
ordered that the sentence passed by the learned Additional
Sessions Judge, Bhadra, District Hanumangarh, vide judgment
dated 17.12.2024 in Sessions Case No.03/2018 against the
appellant-applicant Mohar Singh S/o Ranjeet Singh3, shall remain
suspended till final disposal of the aforesaid appeal 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 24.03.2025 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-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
[2025:RJ-JD:8143] (3 of 3) [SOSA-1796/2024]
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
157-MS/-
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