Allowed

Satyaveer Singh S/O Sh. Maal Singh v. State of Rajasthan

Rajasthan HC14 Jul 2023SOSA/909/2023

Case brief

AI extract

What is this about?

In an S.B. Criminal Misc Suspension of Sentence Appeal arising from Sections 304 IPC, the High Court held that disposal of the underlying appeal would take time. Without expressing an opinion on merits, the Court deemed it a fit case to enlarge the accused on bail.

What did the court decide?

Sentence suspended till disposal of appeal; personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Satyaveer Singh S/O Sh. Maal Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 909/2023

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S.B. Criminal Appeal No. 1480/2023

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Satyaveer Singh S/o Sh. Maal Singh, Aged About 31 Years, R/o Dhana, Police Station Pancheri Kalan, District Jhunjhunu (Raj) (Presently Confined At Sub Jail Khetri District Jhunjhunu )

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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----Respondent

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For Petitioner(s) : Ms. Aradhana Swami For Respondent(s) : Mr. B.L. Nasuna, Dy.GA

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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14/07/2023

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The instant application for suspension of sentence is preferred in pending appeal which was admitted on 27.06.2023 and aggrieved from order of conviction and sentence dated 31.05.2023 in Sessions Case No. 47/2017 passed by learned Additional Sessions Judge, Khetri, Dist. Jhunjhunu whereby appellant was convicted for offence under Section 304 Part-II IPC and sentenced to undergo rigorous imprisonment of four years along with fine.

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Learned counsel for appellant submitted that it is a case of accident but police under the influence of local politics converted the case into a case of homicide. She further submitted that without any basis, learned trial court arrived at a conclusion that

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[SOSA-909/2023]

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(2 of 3)

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appellant was in intoxicated condition whereas there was not a single medical evidence available on record in support of this fact. She further submitted that most of the witnesses had not supported the story of prosecution and there were no reliable evidence to conclude that with an intention to commit culpable homicide, appellant committed such an act resulting death of injured Poonam Devi and Kamla Devi. She further submitted that appellant was on bail during trial and he never misused the liberty as granted by this court. At last, she submitted that disposal of appeal will take its own time, therefore, appellant be released on bail.

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Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate which is also taken on record.

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Heard learned counsel for appellant and learned Public Prosecutor. Perused the record.

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On the basis of report Ex.P-3, appellant while driving in negligent manner caused accident with Dzire Car bearing No. HR12N-0669 wherein wife of complainant died during treatment and other was referred for better treatment. After investigation, police filed a charge-sheet under Section 279, 337, 304 IPC and 3/181 of MV Act. During trial, 19 witnesses were examined by the prosecution including some of the eye-witnesses. Appellant was on bail during trial and disposal of appeal will take its own time, therefore without expressing any opinion on merits of the case, it is a fit case wherein appellant can be enlarged on bail. The application for suspension of sentence is allowed and sentence of appellant- Satyaveer Singh S/o Sh. Maal Singh is suspended till

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(3 of 3) [SOSA-909/2023]

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disposal of appeal with the condition that he would executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 20.12.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

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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.

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

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Misc. Application stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /24

Satyaveer Singh S/O Sh. Maal Singh v. State of Rajasthan

Case brief

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Satyaveer Singh S/O Sh. Maal Singh v. State of Rajasthan

Case brief

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