HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 134/2021
1. Praveen S/o Kishan Lal Mehta, Aged About 20 Years, Mavli Dangiyan, P.s. Kheroda, District Udaipur (Raj.).
2. Manoj S/o Ghanshyam Menaria, Aged About 20 Years, Menar, P.s. Kheroda, District Udaipur (Raj.). (At Present Lodged At Central Jail Udaipur).
----Petitioners Versus State Of Rajasthan, Through P.P.
----Respondent For Petitioner(s) : Mr. R.K. Charan through VC.
For Respondent(s) : Mr. Anil Joshi, PP.
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 28/04/2021 Heard learned counsel representing the applicants-appellants and the learned Public Prosecutor. Perused the impugned judgment and the material available on record.
The appellants applicants herein stand convicted for the offences under Sections 302, 460 and 394 IPC vide judgment dated 20.11.2020 passed by the learned Additional Sessions Judge No.4, Udaipur in Sessions Case No.93/2014 (1182/2014) and sentenced to life imprisonment.
Shri Charan, learned counsel representing the applicants appellants, vehemently and fervently urges that the entire prosecution case as against the appellants is fabricated. There is no evidence worth the name of the record of the case to connect (Downloaded on 05/05/2021 at 08:16:14 PM) (2 of 3) [SOSA-134/2021] the appellants with the crime. The star prosecution witness Amrit Bai (PW-2) did not identify the alleged assailants. The appellants have been implicated in this case solely on the basis of recovery of currency notes and a gold Madaliya (allegedly recovered from Praveen). He points out that the currency notes are not identifiable property. The identification of Madaliya is not reliable because the identifying witness Amrit Bai (PW-2) admitted in her cross-examination that the police told that her goods were to be identified. He further points out that the appellants were on bail during trial and hence, they deserve the same indulgence, during pendency of the appeal.
Learned Public Prosecutor, on the other hand, vehemently and fervently opposed the submissions advanced by appellants' counsel. However, he too is not in a position to dispute the fact that other than the so-called incriminating recoveries, referred to supra, there is hardly any evidence so as to connect the appellants with the crime. The appellants were on bail during trial and did not misuse the liberty so granted to them. Hearing of the appeal is likely to consume time.
In this background, we are of the view that the applicants appellants have available to them strong grounds so as to assail the impugned Judgment and thus, it is considered just and proper to suspend the sentences awarded to them, during pendency of the appeal.
Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the Additional Sessions Judge No.4, Udaipur, vide judgment dated 20.11.2020 in Sessions Case No.93/2014 (1182/2014) against the appellants-applicants (Downloaded on 05/05/2021 at 08:16:14 PM) (3 of 3) [SOSA-134/2021] (1) Praveen and (2) Manoj, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them 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 their appearance in this court on 28.05.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. 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.
3. 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.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J 3-Tikam/-
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