Rajasthan High Court - Jodhpur
Bhanwar Singh vs State Of Rajasthan (2025:Rj-Jd:1172) on 8 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:1172]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1677/2024
1. Bhanwar Singh S/o Sohan Singh, Aged About 51 Years, R/o
Momasarbas, Sri Dungargarh Dist. Bikaner. (Lodged In Central
Jail Bikaner)
2. Samudra Singh S/o Sohan Singh, Aged About 37 Years, R/o
Momasarbas, Sri Dungargarh Dist. Bikaner. (Lodged in Central
Jail Bikaner)
3. Ummed Singh S/o Sohan Singh, Aged About 39 Years, R/o
Momasarbas, Sri Dungargarh Dist. Bikaner. (Lodged in Central
Jail Bikaner)
4. Hanuman Singh S/o Sohan Singh, Aged About 42 Years, R/o
Momasarbas, Sri Dungargarh Dist. Bikaner. (Lodged in Central
Jail Bikaner)
5. Prithvi Singh S/o Sohan Singh, Aged About 40 Years, R/o
Momasarbas, Sri Dungargarh Dist. Bikaner. (Lodged in Central
Jail Bikaner)
6. Tejpal Singh S/o Chhatu Singh, Aged About 38 Years, R/o
Nosariya Police Station Sri Dungargarh Dist. Bikaner. (Lodged in
Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
08/01/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellants submits that the
appellants were on bail during the trial and hearing of the appeal
will take sufficiently long time, therefore, the sentence of the
appellants may be suspended.
[2025:RJ-JD:1172] (2 of 3) [SOSA-1677/2024]
Learned Public Prosecutor opposed the prayer for suspension
of sentence.
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 hearing of the appeal is likely to take time,
therefore, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused
appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. (Section 430 BNSS) is allowed and it is
ordered that the sentence passed by learned Additional Session
Judge, Sri Dungargarh, District Bikaner vide judgment dated
02.12.2024 in Session Case No.14/2009 against the appellant-
applicants - 1. Bhanwar Singh S/o Sohan Singh, 2. Samudra
Singh S/o Sohan Singh, 3. Ummed Singh S/o Sohan Singh,
4. Hanuman Singh S/o Sohan Singh, 5. Prithvi Singh S/o
Sohan Singh and 6. Tejpal Singh S/o Chhatu Singh shall
remain suspended till final disposal of the aforesaid appeal
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 11.02.2025
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.
[2025:RJ-JD:1172] (3 of 3) [SOSA-1677/2024]
3. Similarly, if the sureties change their address, 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-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants 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 applicants do 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
182-mSingh/-
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