Rajasthan High Court - Jaipur
Kanwar Singh And Ors vs State Of Rajasthan Through P P on 12 July, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misc. Bail Application (SOS) No.764/2017
in
S.B. Criminal Appeal No. 1218 / 2017
1. Kanwar Singh S/o Shri Sohanlal B/c Ahir, Pesha Kheti, R/o
Village Asalimpur, Police Station Tijara, Distt. Alwar
2. Ramniwas S/o Shri Sohanlal B/c Ahir, Pesha Kheti, R/o Village
Asalimpur, Police Station Tijara, Distt. Alwar
3. Madan S/o Shri Sohanlal B/c Ahir, Pesha Kheti, R/o Village
Asalimpur, Police Station Tijara, Distt. Alwar
4. Mamchand S/o Shri Bhagwandas B/c Ahir, Pesha Kheti, R/o
Village Asalimpur, Police Station Tijara, Distt. Alwar
5. Mukesh S/o Shri Kanwar Singh B/c Ahir, Pesha Kheti, R/o
Village Asalimpur, Police Station Tijara, Distt. Alwar
----Appellants
Versus
State of Rajasthan Through PP
----Respondent
_____________________________________________________ For Appellant(s) : Mr. Ganesh Meena.
For Respondent(s) : Mr. N.S. Dhakad, PP Mr. Vipul Jain.
_____________________________________________________ HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Judgment / Order 12/07/2017 Heard learned counsel for the accused appellants as well as learned Public Prosecutor and learned counsel for the complainant on the application for suspension of sentence and perused the judgment impugned dated 29.6.2017 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar, whereby the accused appellants have been convicted for the offence punishable under sections 147, 323, 325/149 & 447 IPC and Section 3(i)(iv) & 3(i)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 and (2 of 3) [CRLA-1218/2017] have been sentenced with maximum of one year simple imprisonment alongwith fine.
Learned counsel for the appellants submits that the accused were on bail during trial. There are sufficient grounds to challenge the impugned judgment of conviction as mentioned in the memo of appeal. Hence, the accused-appellants be enlarged on bail while suspending the sentence.
Learned Public Prosecutor has vehemently opposed the application for suspension of sentence and submits that the accused appellants does not deserve the indulgence of suspension of sentence and their application be therefore dismissed.
Without expressing any opinion on the merits and taking into consideration all the grounds mentioned in the memo of appeal assailing the judgment impugned dated 29.6.2017, I am inclined to suspend the sentence awarded to the accused appellants till disposal of the appeal.
It is accordingly ordered that the sentence awarded by the learned Trial Court to the accused appellants in Sessions Case No. 102/2011 shall remain suspended till the final disposal of the appeal; provided they execute a personal bond in the sum of Rs. 30,000/- along with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial court for their appearance on 4.8.2017 and as and when called upon to do so before this Court along with following conditions:-
(3 of 3) [CRLA-1218/2017] (1) that the accused appellants shall inform this court their complete and new address, whenever they change their residence during the pendency of appeal.
(2) The accused appellants shall appear before learned trial court during the month of January in every year till the appeal is disposed off.
(3) The sureties will also undertake to ensure compliance of above two conditions and will also inform their new and correct address, whenever they change their place of residence.
The learned trial court shall keep the record of attendance of the accused appellants in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellant 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 accused appellants does not appear before the trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.
Accordingly, the application for suspension of sentence is disposed off.
(DEEPAK MAHESHWARI)J. Rm/41