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2025 DAILYLAW 32358 (RAJ)

BANEE SINGH S/O MOTI SINGH v. THE STATE OF RAJASTHAN

SOSA/1977/2024 · 2025-01-06

Anoop Kumar Dhand, Pankaj Bhandari

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:485-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc Sixth Suspension of Sentence Application (Appeal) No.1977/2024 In DB Criminal Appeal No.394/2018 Banee Singh S/o Moti Singh, Aged About 45 Years, R/o Bholupura, Police Station Kudgaon, District Karauli, (Rajasthan). (At Present Confined In Central Jail Sever Jail, Bharatpur). ----Applicant Versus The State Of Rajasthan, Through PP ----Respondent For Applicant (s) : Mr. Tarun Jain For Respondent(s) : Mr. Vivek Sharma, Additional Govt. Adv. with Ms. Neha Goyal HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 06/01/2025 1. Accused-applicant has preferred this sixth application for suspension of sentence. 2. Heard on sixth application for suspension of sentence. 3. It is informed by learned Addl. G.A. that victim/complainant has been intimated about filing of this sixth application for suspension of sentence. Report in this regard has also been submitted and the same is taken on record. Despite intimation, no one has put in appearance on behalf of the victim/complainant. 4. It is contended by counsel appearing for the accused- applicant that applicant has remained in custody for a period of [2025:RJ-JP:485-DB] (2 of 2) [SOSA-1977/2024] seven and half years. He was on bail during trial. Gunshot injury, which has resulted into death of deceased, is assigned to Muneem, that is why the present applicant has been convicted with the aid of Section 34 of IPC. 5. Learned Additional Government Advocate has opposed the present sixth application for suspension of sentence. 6. We have considered the contentions. 7. Considering the fact that the applicant has remained in custody for a period of seven and half years and the appeal has not been taken up for hearing and the applicant has been convicted with the aid of Section 34 of IPC and the main allegation of gunshot injury, which has resulted into death of deceased is assigned to Muneem, we deem it proper to allow the sixth application for suspension of sentence. 8. Accordingly, the sixth application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused applicant in Sessions Case No.61/2015 (104/2015) shall remain suspended if the accused-applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- 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. (ANOOP KUMAR DHAND),J (PANKAJ BHANDARI),J KuD/Garima/5