Nitesh Singh @ Monu vs State Of Rajasthan

This application seeking suspension of sentence is filed by the applicant-Nitesh Singh @ Monu, who has been convicted for offences under Sections 302/34, 325/34 & 323/34 IPC and is presently undergoing life sentence.

Learned counsel appearing for the applicant submits that the co-accused Khema @ Khem Singh S/o Panchu Singh and Gaurav S/o Brijmohan Rathore Teli have already been released on bail vide order dated 7.2.19 passed by a Coordinate Bench in D.B. Suspension of Sentence (Appeal) Nos.1416/18 & 1415/18 respectively. It is submitted that as a matter of fact the applicant herein is better placed inasmuch as no recovery was effected from him.

The case of the applicant being identical to the cases of the co-accused Khema Ram @ Khem Singh and Gaurav, who have already been released on bail, is not disputed by the learned Public Prosecutor.

Having considered the submissions and taking into consideration the facts and circumstances of the case, without expressing any opinion on the merits of the case, we consider it appropriate to suspend the substantive sentence awarded to the accused-applicant.

Accordingly, this application for suspension of sentence preferred on behalf of the applicant is allowed and it is ordered that the substantive sentence passed by the Additional Sessions Judge No.2, Chittorgarh, vide judgment dated 20.08.2018 in Sessions Case No.21/14, against the applicant Nitesh Singh @ Monu S/o Radheyshyam Rathore shall remain suspended till the final disposal of the main appeal provided he executes a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of learned trial court for his appearance in this court on 19.3.19 and subsequently before the trial court on the following conditions:-

That he will appear before the trial court in the month of January every year till the appeal is decided.

That if the appellant-applicant changes 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.

Similarly if sureties change their addresses, they will give in writing their changed addresses to the trial court.

The learned trial court shall keep the record of attendance of the accused-appellant 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 said accused does not appear before the trial court, the learned trial court Judge shall report the matter to the High Court for cancellation of bail.