Gajendra Singh vs State on 4 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Suspension Of Sentence(Appeal) No. 1026 / 2017
Gajendra Singh Son of Shri Bhopal Singh, Aged About 34 Years,
Village Endla, P.S. Guda Endla, District Pali. (At Present Lodged in
Central Jail, Jodhpur)

—-Appellant
Versus
State of Rajasthan

—-Respondent
__
For Appellant(s) : Mr. Suresh Kumbhat
For Respondent(s) : Mr.C.S. Ojha, PP
__
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS

HON’BLE DR. JUSTICE VIRENDRA KUMAR MATHUR
Order
04/12/2017

Heard learned counsel for the accused appellant and learned

Public Prosecutor.

It is submitted that during trial, the accused appellant was

on bail and the learned trial court acquitted the accused appellant

from the charges under Section 498A 201 IPC. As per the

arguments of the learned counsel for the accused appellant, it was

a case of accident but learned trial court while acquitting the

accused appellant for offence under Section 304 B IPC, convicted

the accused appellant under Section 302 201 IPC and the

finding of the learned trial court is perverse and contrary to the

records of the case, therefore, the instant application for

suspension of sentence may kindly be accepted and the

applicant-appellant may be released on bail after suspending his
(2 of 3)
[SOSA-1026/2017]

sentence.

Per contra, learned Public Prosecutor vehemently opposed

the instant application for suspension of sentence and submits

that it is not a fit case for suspending the sentence.

After considering the entire facts and evidence of the present

case without expressing any opinion on merits, we deem it

appropriate to suspend the sentence awarded to

accused-appellants. Accordingly, this application for suspension of

sentence is allowed and it is ordered that the sentence awarded by

the learned Session Judge, Pali, vide judgment dated 12.06.2017

passed in Session Case No.104/2015 against the

applicant-appellant Gajendra Singh S/o Shri Bhopal Singh shall

remain suspended till the final disposal of aforesaid appeal and he

may be released on bail provided he executes personal bond in

the sum of Rs.50,000/- along with two sureties in the sum of

Rs.25,000/- each to the satisfaction of the trial court for his

appearance before this Court on 04.01.2018 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 of 3)
[SOSA-1026/2017]

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.

(DR.VIRENDRA KUMAR MATHUR)J. (GOPAL KRISHAN VYAS) J.

sudhir

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