Rajasthan High Court - Jodhpur
Virender Singh vs State Of Rajasthan (2025:Rj-Jd:788) on 7 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:788]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1570/2024
(1) Virender Singh S/o Shri Shesha Singh, Aged About 36 Years,
R/o Kachbali Kherawari, P.s. Devgarh, Distt. Rajsamand, Raj.
(2) Mahinder Singh S/o Shri Madhu Singh, Aged About 30 Years,
R/o Rawli Ki Gunwar, P.s. Devgarh, Distt. Rajsamand, Raj.
(Present Lodged In Distt. Jail, Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1711/2024
Sukhdev Singh S/o Girdhari Singh, Aged About 36 Years, R/o
Fatehpuriya, Doyam Beawar City, Ps Beawar City, Dist. Ajmer.
(Lodged In Dist. Jail Rajsamand.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. TRS Sodha
Mr. Ambalal MP
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. OP Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/01/2025
Heard learned counsel for the appellants and learned Public
Prosecutor on both the applications for suspension of sentence.
[2025:RJ-JD:788] (2 of 3) [SOSA-1570/2024]
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case including the facts that the appellants were on bail
during the trial and there is no chance of hearing of the appeals in
near future, this Court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellants.
Accordingly, both the applications for suspension of sentence
filed under Section 389 Cr.P.C. (Section 430 of BNSS) are allowed
and it is ordered that the sentence passed by the learned
Sessions Judge, Rajsamand, vide judgment dated 06.11.2024 in
Sessions Trial Case No.43/2017 (CIS No.89/2017) against the
applicants (1) Virender Singh S/o Shri Shesha Singh, (2) Mahinder
Singh S/o Shri Madhu Singh & (3) Sukhdev Singh S/o Girdhari
Singh, shall remain suspended till final disposal of the aforesaid
appeals and they shall be released on bail, provided each of them
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 their appearance in this court on 24.02.2025 and
whenever ordered to do so till the disposal of the appeals 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.
[2025:RJ-JD:788] (3 of 3) [SOSA-1570/2024]
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
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
146 & 147-MS/-
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