HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. II Suspension of Sentence Application
No.529/2021
in
D.B. Criminal Appeal No. 99/2017
Billu @ Bablu S/o Shri Ramesh Meena, R/o Beechlawas Agavali,
Police Station Sikandara, Distt. Dausa Raj. (At Present Special
Central Jail, Salyawas, District Dausa)
----Appellant
Versus
State Of Rajasthan Through Pp
----Respondent
For Appellant(s) : Mr. Amir Aziz
For Respondent(s) : Ms. Alka Bhatnagar, AGA
Mr. Sunil Kumar Singodiya
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
16/08/2021
The instant second application for suspension of
sentences under Section 389 CrPC is preferred on behalf of the appellant-applicant Billu @ Bablu S/o Ramesh Meena, who has been convicted and sentenced for the offence under Section 302 and 323 IPC vide the judgment dated 06.12.2016 passed by learned Additional Sessions Judge, Bandikui, District Dausa in Sessions Case No.46/2011.
Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant and perused the material available on record.
The first application for suspension of sentences filed on behalf of the appellant was rejected by this court on 05.07.2017 (Downloaded on 17/08/2021 at 10:16:54 PM) (2 of 3) [SOSA-529/2021] and the Registry was directed to list the appeal for hearing, but for one reason or the other, the appeal has not been taken up for hearing and in these circumstances, the instant second application for suspension of sentences has been moved. The appellant has suffered the custodial period of seven and half years.
The learned trial court has itself observed at page No.31 of the impugned judgment that the complainant Ramratan (P.W.1) has set out an exaggerated version of the incident in the FIR as well as in his sworn testimony. The pertinent case of the prosecution witnesses is that the appellant herein gave a lathi blow on the head of the deceased Jansiram.
On going through the evidence of the Medical Jurist Dr. Deepali Pathak (P.W.11), it is apparent that there was one injury on the head of the deceased caused by a blunt weapon, which proved fatal. The said head injury is no doubt attributed by the witnesses to the appellant. However, the incident appears to have taken place on the spur of the moment after heated exchange of profanities between the accused and the complainant party over a trivial issue. The appellant has suffered custodial period of more than seven and half years. He does not have any criminal antecedents.
In this background and having regard to the over all facts and circumstances as available on record and the bleak chances of early hearing of the appeal, 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 sentences passed by the learned Additional Sessions Judge, (Downloaded on 17/08/2021 at 10:16:54 PM) (3 of 3) [SOSA-529/2021] Bandikui, District Dausa vide judgment dated 06.12.2016 in Sessions Case No.46/2011 against the appellant-applicant Billu @ Bablu S/o Ramesh Meena, 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/Arun Bathla /365
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