Allowed

Faren Singh Son of Johari v. State of Rajasthan

Rajasthan HC20 Apr 2023SOSA/169/2023

Case brief

AI extract

What is this about?

Single Judge Bench allowed an application for suspension of sentence under Section 438 CrPC by considering the applicant's age (65 years), prolonged custody (4 years 9 months), and delay in disposal. The court ordered a personal bond of Rs. 1,00,000 and biannual appearances.

What did the court decide?

Suspension of sentence awarded in Sessions Case No.15/2008, contingent on furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each, and appearing before the trial court in Ja

Faren Singh Son of Johari Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

¶1

[2023/RJJP/007442]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 169/2023

¶4

¶5

D.B. Criminal Appeal No.52/2022

¶6

Faren Singh Son Of Johari, Aged About 65 Years, Resident Of Khunda, Police Station Masalpur, District Karauli (Rajasthan) (Confined In Central Jail Sevar Bharatpur) ----Applicant

¶7

Versus

¶8

State Of Rajasthan, Through P.P. ----Respondent

¶9

For Petitioner(s) : Mr. Rajneesh Gupta, Adv. For Respondent(s) : Mr. Javed Choudhary, AGA.

¶10

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL Order

¶11

20/04/2023

¶12

Accused-applicant has preferred this application for suspension of sentence.

¶13

Heard on application for suspension of sentence.

¶14

It is contended by learned counsel for the applicant that in the initial report, which was lodged immediately after the incident, the allegation of opening fire was on Mahendra, however, after five days, the allegation of opening fire was shifted from Mahendra to present accused-applicant-Faren Singh. It is also contended that the FSL report with regard to the fire arm, which is said to have been recovered at the instance of the applicant has not been exhibited before the court below.

¶15

It is also contended that the applicant has remained in custody for a period of four years & nine months. It is further

[2023/RJJP/007442]

[SOSA-169/2023]

(2 of 2)

contended that the applicant has no criminal antecedents. It is contended that the accused-applicant is 65 years old person.

¶20

Learned Additional Government Advocate has opposed the application for suspension of sentence.

¶21

We have considered the contentions.

¶22

As per the original report, lodged by the Police, the allegation of opening fire was on Mahendra; the applicant was arrested after one month of the incident and the FSL report of the fire arm which was recovered at his instance was not exhibited before the court below; in the initial FIR, the allegation of opening fire was not on him; the applicant has remained in custody for a period of about 4 years & 9 months; disposal of appeal is bound to take time and considering the age of the accused-applicant, we deem it proper to allow the application for suspension of sentence.

¶23

Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicant in Sessions Case No.15/2008, shall remain suspended if the accused-applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-each to the satisfaction of the learned Trial Court to the effect that he shall appear before this Court as and when called upto to do so.

¶24

However, since the applicant had earlier not surrendered before the Court after availing interim bail, we deem it proper to direct the applicant to appear before the trial court in the month of January every year.

¶25

(BHUWAN GOYAL),J

¶26

(PANKAJ BHANDARI),J

¶27

Keshav/16

Faren Singh Son of Johari v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Faren Singh Son of Johari v. State of Rajasthan

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

Sonu @ Lokesh Son of Shambhupuri Vs State of Rajasthan

Rotan Singh S/O Madan Singh Vs State of Rajasthan

Sahib Hussain S/O Sukul Mohammad Vs State of Rajasthan

Rajendra Vs State of Rajasthan through Pp

Vijay @ Vijay Singh Son of Bhanwar Lal Vs State of Rajasthan

Pravesh Chauhan Son of Shri Pyare Lal Chauhan Vs State of Rajasthan