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2017 DIGILAW 2364 (RAJ)

Dilip Singh S/o Jalam Singh v. State of Rajasthan

2017-11-01

GOPAL KRISHAN VYAS, RAMCHANDRA SINGH JHALA

body2017
ORDER : 1. Heard learned counsel for the applicant-appellant and learned public prosecutor. 2. It is submitted that the applicant-appellant is behind the bars for the last more than seven years and he was convicted for offence under Section 304-I IPC. It is further submitted that at the time of deciding the first bail application for suspension of sentence on 24.05.2016, liberty was granted to the applicant-appellant for filing fresh application for suspension of sentence after some time and at that time, the matter was not argued on merits. After perusing the order dated 24.05.2016, passed in D.B Criminal Misc. Bail Application (SOS) No. 458/2016, it is obvious that liberty was granted to the applicant appellant to file fresh bail application after some time. 3. Learned Public Prosecutor vehemently opposed the instant application for suspension of sentence and submits that it is not a fit case for suspending the sentence. 4. After considering the entire facts and evidence of the present case and the fact that the applicant appellant is behind the bars for the last more than seven years, without expressing any opinion on merits, we deem it appropriate to suspend the sentence awarded to accused-appellant. Accordingly, this application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned Additional Session Judge No. 2, Nagaur, vide judgment dated 16.03.2016 passed in Session Case No. 42/2015 (156/11) against the applicant-appellant Dilip Singh S/o Shri Jalam Singh, shall remain suspended till the final disposal of aforesaid appeal and he may be released on bail provided he executes personal bond in the sum of Rs. 50,000/- along with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the trial court for his appearance before this Court on 01.12.2017 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:— 1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicants 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. 3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 5. 2. That if the applicants 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. 3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 5. The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicants was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicants does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.