The High Court of Rajasthan allowed the application for suspension of sentence under Section 389 Cr.P.C., releasing the appellant on bail upon execution of a bond and payment of sureties with specific conditions regarding future appearance before the trial court.
Suspension of sentence allowed; release on bail granted upon bond and surety conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 654/2021
Gurdeep Singh S/o S. Bhola Singh, Aged About 28 Years, By Caste Majbi Sikh, R/o Sukhchain, P.s. Bada Gudha, District Sirsa (Haryana). (At Present Lodged In Central Jail Bikaner).
----Petitioner
Versus
State, Through Pp
----Respondent
| For Petitioner(s) | : Mr. RS Gill,through VC |
|---|---|
| For Respondent(s) | : Mr. Mool Singh Bhati,PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
17/01/2022
Heard learned counsel for the appellant and learned public prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that PW-12 Vijay Singh, the then SHO, Rawatnagar in the cross-examination specifically stated that the owner of the offending vehicle was Guru Pratap Singh and the contraband article has not been shown to be of accused-appellant. Thus, there is no relation of the accused-appellant with the contraband articles. It is also submitted that out of the total sentence awarded to the accused-appellant, he has already served the sentence of five and half years and, therefore, the sentence awarded to the accusedappellant may be suspended as the disposal of the present appeal will consume time.
(2 of 3)
[SOSA-654/2021]
Learned Public Prosecutor vehemently opposed the prayer made
by the learned counsel for the accused-appellant.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Addl. Sessions Judge No.1, Nohar Camp Rawatsar, vide judgment dated 3.2.2020 in Sessions Case No. 3/2017 against the appellant-applicant Gurdeep Singh S/o S. Bhola Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 21.2.2022 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
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 accusedapplicant(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
(3 of 3)
[SOSA-654/2021]
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.
(MADAN GOPAL VYAS),J
72-CPGoyal/-
1 issue framed by the court
Whether the appellant should be granted a suspension of sentence and released on bail pending disposal of the appeal.
1 provisions across 1 enactments
Gurdeep Singh
State
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
