Karan Singh @ Kishan vs State Of Rajasthan

Learned Public Prosecutor Shri J.P.S. Choudhary has chosen not to file reply to the instant application for suspension of sentences.

Heard on the application for suspension of sentences.

Perused the material available on record.

The appellant stands convicted and sentenced vide judgment dated 04.07.2017 passed in Sessions Case No.25/2011 (CIS No.45/14) by learned Addl. Sessions Judge, Bhadra, District Hanumangarh as below:-

Section 307 IPC

Life Imprisonment and Fine of Rs.20,000/-, in default of payment of fine further to undergo one year's SI.

Section 353 IPC

Two years' SI and Fine of Rs.1000/-, in default of payment of fine further to undergo one month's SI.

Section 3/25 Arms Act

Three years' SI and Fine of Rs.5,000/-, in default of payment of fine further to undergo three months' SI

Section 27 Arms Act

Three years' SI and Fine of Rs.5000/-, in default of payment of fine further to undergo three months' SI.

Section 3 PDPP Act

Five years' SI and Fine of Rs.5000/-, in default of payment of fine further to undergo three months' SI.

Admittedly, the gunshot allegedly fired by the accused party upon the police personnel did not result into any hurt and thus by virtue of plain definition of Section 307 IPC, the imprisonment awarded to the accused appellant could not have extended beyond ten years. Thus, prima facie, we feel that strong grounds are available to the accused appellant for challenging his conviction as recorded by the trial court. Hence, the instant application for suspension of sentences deserves to be accepted.

Accordingly, the instant applications for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Addl. Sessions Judge, Bhadra, District Hanumangarh vide judgment dated 04.07.2017 in Sessions Case No.25/2011 (CIS No.45/14) against the appellant-applicant Karan Singh @ Kishan S/o Shri Rajendra Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 26.03.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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.

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 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.