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2020 DIGILAW 70 (RAJ)

Jabbar Singh v. State of Rajasthan

2020-01-06

MANOJ KUMAR GARG, VIJAY BISHNOI

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JUDGMENT 1. This is the bail application under Section 389 of the Cr.P.C. preferred on behalf of accused-applicant for suspension of sentence awarded to him by learned Additional Sessions Judge No.4, Jodhpur Metro in Sessions Case No.222/2012 [75/2005] vide judgment dated 20.09.2019, vide which, he has been convicted and sentenced for offence under Sections 148, 323/149, 307/149, 326/149, 353/149, 333/149 IPC and Section 3 of PDPP Act. 2. Learned counsel for the appellant has submitted that the trial court has erred in convicting and sentencing the applicant-Jabbar Singh for the offence punishable under Section 307/149 IPC. It is argued that the injured witnesses, namely, PW-1 to PW-3 has not named the applicant even in their police statements as well as the statements before the Court. No specific role has been assigned to the applicant. It is further argued that though PW-23, Vijay Joshi, has named the aplicant in his examination-in-chief but has failed to disclose the specific role of the applicant in commission of the crime. It is further argued that the applicant has falsely been implicated in this case on the basis of information given by co-accused-persons while they were in custody. It is also submitted by learned counsel for the applicant that the applicant-Jabbar Singh was on bail during the trial. 3. Learned Public Prosecutor has opposed the bail application. Having heard the learned counsel for the applicant and after going through the statements of the injured witnesses PW-1 to PW-3, without expressing any opinion on the merit of the case, this Court deems it proper to suspend the substantive sentence of the applicant. 4. Accordingly, the application for suspension of sentence is allowed and it is ordered that the substantive sentence passed by learned Additional Sessions Judge No.4, Jodhpur Metro in Sessions Case No.222/2012 [75/2005] vide judgment dated 20.09.2019 against the accused-applicant Jabbar Singh S/o Guman Singh shall remain suspended till the final disposal of the aforesaid criminal appeal provided he executes a personal-bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/-each to the satisfaction of the learned trial court for his appearance before this court on 06.02.2020 and whenever ordered to do so till the disposal of the appeal on the following conditions:- 1. That he will appear before the trial court in the month of January every year till the appeal is decided. 2. That he will appear before the trial court in the month of January every year till the appeal is decided. 2. That if he change the place of residence, he will give the changed address in writing to the trial court, High Court as well as to his counsel in the High Court. 3. Similarly if sureties change their address, he 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 in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused-applicant was 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 appellant-applicant does not appear before the trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.