HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No.483/2021
in
D.B. Criminal Appeal No. 258/2018
Ram Singh S/o Late Bhorya B/c Gurjar, Aged About 42 Years,
R/o Rampur Dhabai, Police Station Sadar Karauli, Raj. (Presently
Confined In Jail, Karauli).
----Appellant
Versus
State Of Rajasthan Through P.p., Jaipur
----Respondent
For Appellant(s) : Mr. Satyendra Kumar Gupta Ms. Surabhi Agarwal For Respondent(s) : Ms. Alka Bhatnagar, AGC HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 16/08/2021 The instant application for suspension of sentence under Section 389 CrPC is preferred on behalf of the appellant- applicant Ram Singh S/o Late Bhorya, who has been convicted and sentenced to life imprisonment for the offence under Section 302 and 323 IPC vide the judgment dated 16.05.2018 passed by learned Additional Sessions Judge, Karauli in Sessions Case No.69/2016.
Learned Public Prosecutor has filed reply to the application for suspension of sentences.
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(2 of 3) [SOSA-483/2021] Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.
The appellant herein is the brother of the deceased Buddhu. As per the admitted case set out in the FIR (Ex.P/8) and the evidence of the eye-witness Prakash (P.W.2), the deceased was grazing his buffaloes in the field. The informant was studying at his home. His father Buddhu approached him and complained that Ram Singh was grazing buffaloes in their (complainant's field). He accompanied his father and went to field and tried to restrain the accused from grazing the buffaloes. Being enraged, the accused hit his father with an axe.
On a perusal of the cross-examination conducted from Prakash, it is apparent that he admitted that the incident took place in the field, where the accused had grown Bajra crop. Two head injuries were caused to the deceased Budhu, which resulted into his death. The Investigating Officer Ramesh Singh (P.W.16) admitted in his cross-examination that field was of Ram Singh, where he was grazing his buffaloes. The Investigating Officer could not explain as to why Buddhu went to the field of Ram Singh and tried to stop him. Thus, we are of the opinion that the appellant has plausible case of right of private defence of property. He has remained in custody for a period in excess of 5 years. Hearing of the appeal is likely to consume time.
In this background and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant during the pendency of the appeal.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the (Downloaded on 17/08/2021 at 10:16:52 PM) (3 of 3) [SOSA-483/2021] sentences passed by the learned Additional Sessions Judge, Karauli vide judgment dated 16.05.2018 in Sessions Case No.69/2016 against the appellant-applicant Ram Singh S/o Late Bhorya, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, 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 17.09.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant 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.
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 in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant 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 applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(RAMESHWAR VYAS),J (SANDEEP MEHTA),J
Pramod/
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