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
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For Appellant(s) : Mr. Suresh Kumbhat
For Respondent(s) : Mr.C.S. Ojha, PP
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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
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[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.
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[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