Sher Singh @ Shrawan Singh vs State Of Rajasthan

Dr. Pushpendra Singh Bhati, J

Heard learned counsel for the parties.

Learned counsel for the appellant submits that at best it was an accident, which occurred while there were differences between the appellant and the deceased regarding the Kelu (clay roof tile), which were broken. Learned counsel has also pointed out from the statement PW-1 Manna Singh, PW-5 Smt. Radha Devi and PW-6 Smt. Raji Devi, which reflects that they do not make any statement that knowingly the deceased was thrown and head down from the roof and no other intention is attributed. Learned counsel further submits that the appellant was on bail during trial.

Learned Public Prosecutor opposes the suspension of sentence application.

On conjoint consideration of the submissions made by learned counsel for the appellant as well as record of the case, this Court deems it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.

Accordingly, this S.B. Suspension of Sentence Application (Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 26.07.2022 in Sessions Case No.19/2016 against appellant Sher Singh @ Shrawan Singh S/o Man Singh Rawat shall remain suspended till final disposal of the aforesaid appeal,\ provided he executes a 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 01.11.2022 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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

That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

Similarly, if the sureties change their address, 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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.