Fateh Singh vs State

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.

A total of ten accused were convicted by the trial court vide judgment dated 23.07.2018. Learned Counsel Shri K.R. Bhati submits that the appellant alongwith other co-accused were all alleged to be armed with blunt weapons by the eye-witnesses PW.1 Ramlal Rebari and PW.2 Baluram Rebari. However, as per medical evidence, not even a single blunt weapon injury was noticed on the body of the deceased when postmortem was carried out. He further urged that sentences awarded to other co-convict Mukesh, Govind, Arjun, Heeralal and Madanlal have been suspended by this Court. He thus, craves acceptance of the instant application for suspension of sentences.

Learned Public Prosecutor and learned Counsel for the complainant vehemently and fervently opposed the submissions advanced by the learned counsel representing the accused appellant.

In this background and considering the fact that the sentences awarded to the co-convict Mukesh, Govind, Arjun, Heeralal and Madanlal have already been suspended by this Court and since the appellant's case is not distinguishable on any count whatsoever, he too deserves suspension of sentences on the ground of parity. 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 No.3, Udaipur vide judgment dated 23.07.2018 in Sessions Case No.52/2014 (CIS No.1131/14) against the appellant-applicant Fateh Singh S/o Shri Bhoor Singh Sisodia 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.