Khargi @ Kharag Singh vs State Of Rajasthan

This has come on orders on IA No.14118 dated 09.06.2020. The applicant filed this 4th suspension of sentence bail application on the ground that the applicant is aged about 81 years and is suffering from serious Cornary Artery disease with Hyper Tension (High Blood Pressure) with very poor vision, almost near to legal blindness.

Learned Public Prosecutor has opposed the application. Heard learned counsel for the parties and carefully scanned the entire material available on record.

The applicant had preferred 3rd bail application for suspension of sentence before this court and the same was disposed of by this court vide order dated 27.11.2019 and it was directed to list the matter for final hearing on 10.12.2019 but the matter could not be heard on that day.

Learned Public Prosecutor has placed on record, status report of health condition of the applicant procured from the Office of Superintendent Central Jail, Bharatpur dated 30 th July, 2020 ad- infra:-

"In the above said matter, As per medical board report No.-287 dated 22.04.2019 & other treatment records suffering from CAD with HT with AR and poor vision, due to hyper mature cataract and retinal detachment.

In the present day examination it is case of cornary artery disease with hyper tension (high blood pressure) with very poor vision, almost near to legal blindness and in general his health status is not optimal and can be said poor."

Taking note of the overall facts and circumstances of the case and despite the specific order the appeal could not be listed for hearing and coupled with the fact that the applicant is suffering from serious illness. Therefore, considering the contentions put forth and looking to the facts and circumstances of the present case, this 4th application for suspension of sentence is allowed and it is ordered that execution of sentence awarded to the applicant Khargi @ Kharag Singh S/o Natholi, shall remain suspended during the pendency of the criminal appeal and he be released on bail provided he furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial court with the stipulation that he shall appear before (3 of 3) [CRLAD-148/2018] this Court on 07.09.2020 and thereafter as and when called upon to do so.