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2017 DIGILAW 2675 (RAJ)

Gajendra Singh Son of Shri Bhopal Singh v. State of Rajasthan

2017-12-04

GOPAL KRISHAN VYAS, VIRENDRA KUMAR MATHUR

body2017
ORDER : GOPAL KRISHAN VYAS, J. 1. Heard learned counsel for the accused appellant and learned Public Prosecutor. 2. It is submitted that during trial, the accused appellant was on bail and the learned trial court acquitted the accused appellant from the charges under Section 498A & 201 IPC. As per the arguments of the learned counsel for the accused appellant, it was a case of accident but learned trial court while acquitting the accused appellant for offence under Section 304 B IPC, convicted the accused appellant under Section 302 & 201 IPC and the finding of the learned trial court is perverse and contrary to the records of the case, therefore, the instant application for suspension of sentence may kindly be accepted and the applicant-appellant may be released on bail after suspending his sentence. 3. Per contra, 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 without expressing any opinion on merits, we deem it appropriate to suspend the sentence awarded to accused-appellants. Accordingly, this application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned Session Judge, Pali, vide judgment dated 12.06.2017 passed in Session Case No. 104/2015 against the applicant-appellant Gajendra Singh S/o Shri Bhopal 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 04.01.2018 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 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. 3. Similarly, if the sureties change their address(s), 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-applicant(s) in a separate file. 3. Similarly, if the sureties change their address(s), 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-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(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 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.