Rajasthan High Court - Jodhpur
Asu Singh vs State Of Rajasthan on 1 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:20978]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
No.808/2025
IN
S.B. Criminal Appeal (Sb) No. 869/2025
1. Asu Singh S/o Durjan Singh, Aged About 44 Years,
Resident Of Khara, Police Station Jamsar, Bikaner
2. Raghuveer Singh S/o Karni Singh, Aged About 48 Years,
Resident Of Khara, Police Station Jamsar, Bikaner
3. Prem Singh S/o Karni Singh, Aged About 40 Years,
Resident Of Khara, Police Station Jamsar, Bikaner
4. Dungar Singh S/o Mod Singh, Aged About 39 Years,
Resident Of Khara, Police Station Jamsar, Bikaner
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Ratish Bhatnagar
For Respondent(s) : Mr. V.S. Rajpurohit, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
01/05/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicants in the matter of judgment
dated 01.04.2025 passed by the learned Special Judge,
SC/ST (Prevention of Atrocities) Act Cases, Bikaner in
Sessions Case No.990/2014 whereby they were convicted and
sentenced to suffer maximum imprisonment of 03 years' S.I.
under Section 459/149 of IPC and lesser punishment for the
other offences under Sections 148, 325/149, 427, 323/149 &
147 of IPC.
[2025:RJ-JD:20978] (2 of 4)
2. It is contended on behalf of the applicants that the learned
trial Judge has not appreciated the correct, legal and factual
aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
appreciated again by this court. They were on bail during trial
and did not misuse the liberty so granted to them; hearing of
the appeal is likely to take long time, therefore, the
application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made on behalf of the accused-applicants
for releasing the petitioners on application for suspension of
sentence.
4. Heard and perused the material available on record.
5. The appellants have been convicted for offence under
Sections 147, 148, 459/149, 325/149, 323/149 & 427 of IPC.
They have been sentenced to suffer three years' S.I. and
lesser punishment for the other offences. The learned trial
Court has itself suspended the sentence but for a limited
period which is going to be expired today. Looking to the
totality of facts and circumstances of the cases and
considering that a further appreciation of evidence should be
made by this Court on merits being the first appellate Court.
6. Considering the submissions of learned counsel for the parties
and looking to the totality of facts and circumstances of the
case, more particularly the facts/fact that the accused-
applicants were on bail during the course of trial and the
hearing of appeal is likely to take further more time and
[2025:RJ-JD:20978] (3 of 4)
considering the overall submissions while refraining from
passing any comments on the niceties of the matter and the
defects of the prosecution as the same may put an adverse
effect on hearing of the appeal, this court is of the opinion
that it is a fit case for suspending the sentence awarded to
the accused-petitioners.
7. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned trial Court, the details of which
are provided in the first para of this order, against the
appellant-applicants named above shall remain suspended till
final disposal of the aforesaid appeal and he shall be released
on bail provided each of them executes a personal bond in
the sum of Rs.50,000/-with two sureties of Rs.25,000/- each
to the satisfaction of the learned trial Judge for their
appearance in this court on 02.06.2025 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.
(3) Similarly, if the sureties change their
addresses, they will give in writing their changed
address to the trial Court.
[2025:RJ-JD:20978] (4 of 4)
8. 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.
(FARJAND ALI),J
S-1-Samvedana/-
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