Allowed

Ummed Singh v. State

Rajasthan HC3 Oct 2018SOSA/488/2018

Case brief

AI extract

What is this about?

The High Court allowed an appeal for suspension of sentence. The Court held there were strong grounds to challenge the conviction and, anticipating a lengthy appeal hearing, directed the suspension of the seven-year rigid imprisonment. Conditions for personal bond and sureties were imposed.

What did the court decide?

Suspended the appellant's rigid imprisonment until final disposal of the appeal, subject to conditions including a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Ummed Singh Vs State — Anticipatory Bail | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Suspension Of Sentence (Appeal) No. 488/2018

¶3

Ummed Singh S/o Ladu Singh, By Caste Rawat, aged about 22 years, Resident Of Kawa Kheda, Thana Kotwali, District Bhilwara.

¶4

(At Present Lodged In District Jail, Bhilwara)

¶5

----Appellant

¶6

Versus

¶7

The State Of Rajasthan

¶8

----Respondent

¶9

For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. L.R Upadhayay, PP

¶10

HON'BLE MR. JUSTICE VIJAY BISHNOI

¶11

Judgment / Order

¶12

03/10/2018

¶13

Heard learned counsel for the parties and perused the impugned order.

¶14

Learned counsel for the appellant has submitted that the FIR regarding kidnapping has been lodged by the brother of the prosecutrix after 8 days and no satisfactory explanation has been given for filing the FIR with the said delay. It is also submitted that the prosecutrix in her statement recorded under Section 161 CrPC has specifically stated that she went with the accused appellant on her own free will. It is also submitted that the allegation of sexual assault has not been proved from the medical examination report. Learned counsel for the appellant has further submitted that the trial court has convicted and sentenced the accused appellant for the offences punishable under Sections 363, 366-A IPC and

¶15

(2 of 3)

¶16

[SOSA-488/2018]

¶17

Section 3/4 of the POCSO Act, 2012 and has awarded him sentence of seven years R.I., out of which, he has already undergone sentence of four years. It is further submitted that hearing of the appeal is likely to take time. It is, therefore, prayed that the sentence awarded to the accused appellant may be suspended.

¶18

Having considered the facts and circumstances of the case and substantial grounds taken in the appeal, this Court is of the opinion that there are strong grounds for challenging the judgment of conviction and as hearing of the appeal is likely to take time, this Court is inclined to suspend the sentences awarded to the appellant.

¶19

Accordingly, this application for suspension of sentences is allowed and it is directed that the sentences awarded to appellant – Ummed Singh son of Ladu Singh by the Special Judge, POCSO Act Cases, Bhilwara by judgment dated 25.4.2018 shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal bond for a sum of Rs.50,000/- along with two solvent sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before this Court on 3.11.2018 and whenever called upon to do so till the disposal of the appeal on the conditions inidcated below:-

¶20

(1) That he/she/they will appear before the trial court in the month of January of every year till the appeal is decided.

¶21

(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.

¶22

(3) Similarly, if the sureties change their address(s), they will give in writing their changed address(s) to the trial court.

¶23

(3 of 3)

¶24

[SOSA-488/2018]

¶25

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.

¶26

(VIJAY BISHNOI),J

¶27

ms rathore

Ummed Singh v. State

Case brief

What is this about?

What did the court decide?

Ummed Singh v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sandeep Vs State of Rajasthan

Municipal Board Deedwana Vs the Addl. Divisional Commissioner

Imran Vs State of Rajasthan

Nathu Singh Vs State

Revanti Vs State and Ors.

Abbas Vs State of Rajasthan