Allowed

Vikram Singh S/O Sultan Singh v. State of Rajasthan

Rajasthan HC10 Apr 2023SOSA/359/2023

Case brief

AI extract

What is this about?

The High Court allowed an application for suspension of sentence filed by appellants convicted of criminal conspiracy and acting in concert. The court noted procedural irregularities, lack of eyewitnesses, and prolonged custody despite bail during trial, permitting suspension upon furnishing a personal bond and two sureties.

What did the court decide?

Suspension of sentence allowed subject to furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each to the satisfaction of the trial Court.

Vikram Singh S/O Sultan Singh Vs State of… — Criminal Trial and Appeal | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 359/2023

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D.B. Criminal Appeal No.222/2022

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Vikram Singh S/o Sultan Singh, Aged About 38 Years, R/o Semli Sarod, Police Station Gangdhar District Jhalawar (Presently Confined In District Jail Jhalawar)

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Pradhan Singh S/o Sardar Singh, Aged About 40 Years, R/o Karnaliya, Police Station Gangdhar, District Jhalawar (Presently Confined In District Jail Jhalawar)

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Bahadur Singh S/o Sardar Singh, R/o Karnaliya, Police Station Gangdhar, District Jhalawar (Presently Confined In District Jail Jhalawar)

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----Appellants

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Appellant(s) : Mr. Ajay Singh Yaduvanshi For State : Mr. Javed Choudhary, AGA For Complainant(s) : Mr. Sanjay Khedar

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

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Order

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10/04/2023

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Accused-appellants have preferred this application for

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suspension of sentence.

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Heard on application for suspension of sentence.

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It is contended by counsel for the appellants that appellants

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were on bail during trial. It is also contended that allegation of hitting the motorcyle with pick-up in on Dhara Singh. Accused have been convicted with the aid of Sections 120-B and 34 of IPC. It is further contended that accused-appellants have remained in custody for a period of one and a half years. As per the initial

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(2 of 3) [SOSA-359/2022]

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complaint, no one has shown as eye witnesses, who saw appellants running from the place of occurrence.

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Learned Additional Govt. Advocate and counsel for the complainant have opposed the application for suspension of sentence. It is contended that in earlier murder case, deceased was a witness and purposely he was eliminated by Dhara Singh who acted in connivance with the present appellants. It is also contended that PW.8 and PW.9 are eye witnesses who have seen the present appellants running from the place of occurrence.

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We have considered the contentions. 6. Taking note of the fact that in the initial complaint, the present appellants were not arrayed as accused and no one has shown as eye witnesses; that the presence of the appellants is also not established from the call details at the place of occurrence; they are also not named in the FIR; that appellants were on bail during trial, however, they have remained in custody for a period of about one and a half years, hence, we deem it proper to allow the application for suspension of sentence.

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Accordingly, the suspension of sentence application is allowed. It is ordered that the sentence awarded to accused appellants in Sessions Case No.15/2018(CIS No.15/2018) shall remain suspended if the appellants 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 they shall

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(3 of 3)

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[SOSA-359/2022]

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appear before this Court as and when called upon to do so.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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HEENA/33

Vikram Singh S/O Sultan Singh v. State of Rajasthan

Case brief

What is this about?

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Vikram Singh S/O Sultan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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