IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.CRIMINAL MISC. BAIL APPLICATION (SOS) NO.556/2015
IN
S.B.CRIMINAL APPEAL NO.478/2015
Hitendra Singh alias Hitesh Singh & Anr.
Vs.
State of Rajasthan
Date of order : 1st June 2015
HON’BLE MR. JUSTICE SANDEEP MEHTA,VJ.
Mr.Mahipal Bishnoi for the appellants.
Mr. R.K.Bohra, P.P.
Heard learned counsel for the appellants and
learned Public Prosecutor on application for suspension of
sentence.
Upon a consideration of the arguments advanced
on behalf of the appellants and having regard to the facts and
circumstances of the case, this Court is of the opinion that it is
a fit case for suspending the sentences awarded to the
accused appellants.
Accordingly, the application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by the learned Special
Judge, SC & ST (Prevention of Atrocities) Cases, Jodhpur vide
judgment dated 22.05.2015 in Sessions Case No.07/2010
against the appellants-applicants No.1 Hitendra Singh alias
Hitesh Singh son of Hem Singh Rajput and No.2 Mahendra
Singh son of Loon Singh, shall remain suspended till final
disposal of the aforesaid appeal and they shall be released on
bail, provided each of them executes a personal bond in the
sum of Rs.40,000/- with two sureties of Rs.20,000/- each to
the satisfaction of the learned trial Judge for their appearance
in this court on 27.07.2015 and whenever ordered to do so till
the disposal of the appeal on the conditions indicated below:-
-2-
1. That 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 change the place of
residence, they will give in writing 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.
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
applicants do not appear before the trial court, the learned
trial Judge shall report the matter to the High Court for
cancellation of bail.
(SANDEEP MEHTA),V J.
MK
