Rajasthan High Court - Jodhpur
Gajendra Singh @ Gaju vs State Of Rajasthan (2025:Rj-Jd:13875) on 12 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:13875]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 450/2025
Gajendra Singh @ Gaju S/o Chun Singh, Aged About 21 Years,
R/o Goma Ka Badiya, Police Station Kareda, District Bhilwara. .
(At Present Lodged In Central Jail Udaipur)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Vijay Singh, Head Constable, Police Station Bheem,
District Rajsamand.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Jaitawat
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/03/2025
Heard learned counsel for the appellant as well as learned
Public Prosecutor and perused the material available on record.
Learned counsel for the appellant submits that the appellant
was on bail during the trial and hearing of the appeal will take
sufficient long time. Therefore, the sentence may kindly be
suspended.
Learned Public Prosecutor opposed the prayer made by the
counsel for the appellant.
Upon a consideration of the arguments advanced on behalf of
the appellant and having regard to the facts and circumstances of
the case, the appellant was on bail during the trial therefore, this
Court is of the opinion that it is a fit case for suspending the
sentences awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. (430 BNSS) is allowed and it is ordered
[2025:RJ-JD:13875] (2 of 2) [SOSA-450/2025]
that the sentence in the judgment dated 01.03.2025 passed by the
learned Special Judge, SC/ST Act Cases, Rajsamand, in Sessions
Case (SC/ST Act) No.66/2022 (CIS No.104/2022) against the
appellant-applicant Gajendra Singh @ Gaju S/o Chun Singh, shall
remain suspended till final disposal of the aforesaid appeal and he
will be released on bail, provided he executes 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 16.04.2025 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 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
207-Ishan/-
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