The Acting Chief Justice dismissed the second appeal for suspension of sentence, declining to change views on merits after five years of incarceration, but directed listing the appeal for hearing in May 2019.
Second application for suspension of sentence dismissed; appeal listed for hearing in May 2019.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. CRI. MISC. SECOND SOS (BAIL) APPLICATION NO.
129/2019
IN
D.B. CRI. APPEAL NO. 1091/2016
Hanuman Singh S/o. Shri Suraj Singh, B/c Kothyari, R/o. Bansda Nadi, Police Station Boli, District Sawai Madhopur (Rajasthan); (At present confined in District Jail, Sawai Madhopur)
----Accused/Appellant
Versus
The State of Rajasthan, through P.P.
----Respondent
For Appellant(s) : Mr. Kapil Gupta. For Respondent(s) : None present.
HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
12/04/2019
This second application has been filed by the accusedapplicant Hanuman Singh seeking suspension of sentence awarded to him by the trial court.
Having heard learned counsel for the accused-applicant and perused order dated 04.09.2017 passed in first application for suspension of Sentence filed by the accused-applicant bearing No. 1166/2016, we are not inclined to change our view as the first application of the accused-applicant was dismissed on merits so far as accused-applicant Hanuman Singh is concerned.
However taking into consideration the fact that the accused-applicant is in jail for more than five years and paper book has been prepared, we direct the Registry to list the appeal for hearing in the month of May, 2019.
[SOSA 129/2019]
(2 of 2)
Second application for suspension of sentence is dismissed, however, with the aforesaid direction.
(GOVERDHAN BARDHAR),J
(MOHAMMAD RAFIQ),Acting CJ
Manoj/17
2 issues framed by the court
Whether the second application for suspension of sentence should be allowed or dismissed.
Whether the appeal should be listed for hearing.
Hanuman Singh
The State of Rajasthan
Goverdhan Bardhar
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
