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2025 DAILYLAW 22683 (RAJ)

VINOD KUMAR MEENA S/O SHRI BHARATLAL v. STATE OF RAJASTHAN

SOSA/1019/2024 · 2025-01-13

Madan Gopal Vyas, Pankaj Bhandari

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:1742-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Second Suspension Of Sentence Application (Appeal) No. 1019/2024 in D.B. Criminal Appeal No.322/2019 Vinod Kumar Meena S/o Shri Bharatlal, Aged About 26 Years, R/o Meena Ki Dhani, Mangrole, Police Station Sapotara, Distt. Karauli (Rajasthan) . (Presently Lodged At District Jail Karauli ) ----Applicant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Applicant(s) : Mr. Parth Sharma, Adv.for Mr. Sudhir Jain, Adv. For State : Mr. Amit Punia, Addl. GA HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE MADAN GOPAL VYAS (through video conferencing) Order 13/01/2025 1. Accused/applicant has preferred this second suspension of sentence application. 2. It is informed by learned Addl. GA that victim/complainant has been intimated about filing of the suspension of sentence application. 3. No one has put in appearance on behalf of the victim, despite information. 4. Heard on second suspension of sentence application. 5. It is contended by counsel for the applicant that applicant has remained in custody for a period of more than [2025:RJ-JP:1742-DB] (2 of 2) [SOSA-1019/2024] eleven years including remission. It is contended that the appeal has not been taken up for hearing. 6. Counsel for the applicant has placed reliance on Saudan Singh Vs. State of Uttar Pradesh [Criminal Appeal No.308/2022 (SLP (Crl.) No.4633/2021]. 7. Learned Addl. GA has opposed second suspension of sentence application. 8. We have considered the contentions. 9. Taking note of the custody period as well as the fact that appeal has not been taken up for hearing; applicant has been remained in custody for a period of more than eleven years including remission and in view of the judgment of Apex Court in Saudan Singh (Supra), we deem it proper to allow the second suspension of sentence application. 10. Accordingly, second suspension of sentence application is allowed. It is ordered that the sentence awarded to accused- applicant in Sessions Case No.24/2015 (CIS No.142/15) shall remain suspended if the applicant furnishes a personal bond of Rs.1,00,000/- (one lac) and two sureties of Rs.50,000/- (fifty thousand only) each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court as and when called upon to do so. (MADAN GOPAL VYAS),J (PANKAJ BHANDARI),J CHANDAN /3