Rajasthan High Court - Jodhpur
Sanjay Singh @ Shaitan Singh vs State Of Rajasthan ... on 27 March, 2025
Bench: Dinesh Mehta, Vinit Kumar Mathur
[2025:RJ-JD:16223-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc 4th Suspension Of Sentence Application
(Appeal) No. 426/2021
Sanjay Singh @ Shaitan Singh S/o Sh. Moti Singh, Aged About
26 Years, R/o Village Kiton-Ka-Badia, P.s. Deogarh, Dist.
Rajsamand (Raj.). (Presently Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sikander Khan
For Respondent(s) : Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE DINESH MEHTA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
27/03/2025
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 02.11.2012 passed by
the learned Additional Sessions Judge, Sojat, District Pali in
Sessions Case No. 17/2011:-
S.No Offence Sentence Fine
1. 302 r/w Life Imprisonment Rs. 2,000/- and in default of
34 IPC which to further undergo one
month's additional S.I.
2. 397 IPC Seven Years Rs. 2,000/- and in default of
Rigorous which to further undergo one
Imprisonment month's additional S.I.
3. 201 IPC Two Years Rigorous Rs. 1,000/- and in default of
Imprisonment which to further undergo 15
days' additional S.I.
[2025:RJ-JD:16223-DB] (2 of 6) [SOSA-426/2021]
2. The appellant-applicant has preferred the present fourth
application for suspension of sentence under Section 389 of Code
of Criminal Procedure, 1973 (hereinafter referred to as the
'Cr.P.C') for suspension of sentence during the pendency of the
appeal and for release on bail.
3. The third application for suspension of sentence (D.B.
Criminal Misc. Suspension of Sentence Application (Appeal)
No.1082/2016) was dismissed by this Court vide order dated
07.04.2017.
4. Mr. Khan, learned Counsel for the appellant-applicant
submits that the appellant-applicant has preferred the present
application on the solitary ground that he has already undergone
sentence of more than 10 years and there is no likelihood of
appeal being taken up for hearing in near future. Relying upon the
directions of Hon'ble The Supreme Court dated 15.09.2022 in
Sonadhar v. The State of Chhattisgarh : SLP (Crl.)
No.529/2021, learned counsel prayed that the sentence of the
applicant be suspended and he be enlarged on bail.
5. Learned counsel argued that no reasons and/or aggravating
circumstances exist for denial of bail to the applicant while placing
reliance on the order dated 05.10.2021 of Hon'ble The Supreme
Court in Saudan Singh v. The State of Uttar Pradesh : SLP
(Crl.) No.4633/2021. He read the relevant part/observations
made therein and submitted that the High Court should grant bail
if the accused has served more than 10 years' sentence, except
certain circumstances, and that none of the exceptions are
applicable in the present case.
[2025:RJ-JD:16223-DB] (3 of 6) [SOSA-426/2021]
6. Learned Additional Advocate General opposed the application
for suspension of sentence by contending that the appellant-
applicant has committed heinous offence and suspension of
sentence of such offender would send adverse message in the
society. However, he has not denied the fact that the appellant-
applicant has already undergone sentence of more than 10 years
during trial and upon conviction.
7. Learned Additional Advocate General further contended that
the applicant had remained absconded for a period of three years
and was re-arrested on 09.12.2019. He submitted that the
applicant's case be considered accordingly.
8. We have considered the submissions made by learned
counsel for the parties and have perused the material available on
record.
9. It is to be noted that long list of criminal appeals even filed
in the year 2008 are pending hearing; there is no possibility that
the present appeal can be taken up for hearing in near future.
10. Hon'ble The Supreme Court in the case of Sonadhar (supra),
while dealing with SMW (Crl.) No.4/2021 pertaining to 'life
convicts in jail whose appeals are pending before the High Court'
inter-alia, issued the following directions:-
"We consider appropriate to issue directions in terms of
the aforesaid suggestions to the Patna High Court and on
a pari materia basis to even the other High Courts.
However, in order to carry out this exercise, the data
would have to be compiled of such of the persons who
have been in custody for more than 10 years and more
than 14 years, with these persons being considered for
grant of bail pending appeal, if there is no chance of
hearing of the appeal in the near future, unless there are
reasons for denial of bail. We can understand if any of
[2025:RJ-JD:16223-DB] (4 of 6) [SOSA-426/2021]
the parties is delaying the appeal itself but short of that,
we are of the view that all persons who have completed
10 years of sentence and appeal is not in proximity of
hearing with no extenuating circumstances should be
enlarged on bail."
11. Prior to that in the case of Saudan Singh (supra) also
observations were made regarding grant of bail in cases where
convicts have undergone sentence for sufficiently long time and
appeals were pending at the High Court stage with exceptions
indicated therein.
12. In the present case as observed herein-before, the
appellant-applicant have already undergone sentence of more
than 10 years and apparently, there are no chances of the appeal
being heard in the near future. Except for the fact that the
appellant-applicant was involved in offences leading to their
conviction for life, nothing has been brought on record by way of
aggravating circumstances for denial of suspension of sentence.
13. So far as the contention of Mr. Choudhary, AAG in relation to
applicant having remained absconded for a period of 3 years is
concerned, we are of the view that after being re-arrested (on
09.12.2019), the petitioner has remained in jail for a period of
about 5 years and 3 months. Such being the position and
considering that total period for which the applicant has remained
behind the bars is 10 years and 5 months, we are inclined to
accept the suspension of sentence application of the applicant.
14. Consequently, following the order in the case of Sonadhar
(supra) and observations made in Saudan Singh (supra), without
making any observations on merits of the case, we are inclined to
suspend the sentence of the appellant-applicant- Sanjay Singh @
[2025:RJ-JD:16223-DB] (5 of 6) [SOSA-426/2021]
Shaitan Singh S/o Sh. Moti Singh during the pendency of the
appeal.
15. Accordingly, the instant fourth application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentence passed by the learned Additional
Sessions Judge, Sojat, District Pali vide judgment dated
02.11.2012 passed in Session Case No.17/2011 (State of
Rajasthan vs. Inderjeet Singh & Ors.) against the appellant-
applicant- Sanjay Singh @ Shaitan Singh S/o Sh. Moti Singh,
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.50,000/- with two sureties of Rs.25,000/-
each to the satisfaction of learned trial Judge for his appearance in
this court on 28.04.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:
1. That he will appear before the trial court in
the month of January of every year till the
appeal is decided.
2. That if the applicant change the place of
residence, he will give in writing his 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.
14. The learned trial court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case relating to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
[2025:RJ-JD:16223-DB] (6 of 6) [SOSA-426/2021]
be placed in that file for ready reference. Criminal Misc. file shall
not been taken into account for statistical purpose relating to
pendency and disposal of the cases in the trial court. In case the
said accused-applicant do not appear before the trial court,
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(VINIT KUMAR MATHUR),J (DINESH MEHTA),J
1-raksha/-
Powered by TCPDF (www.tcpdf.org)
