HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
(1) D.B. Criminal Misc. 2nd Suspension of Sentence Application
No.795/2020
In
D.B. Criminal Appeal No. 708/2018
Mahavir S/o Mohanlal Meena, R/o Rampura Dholo Ka Thana
Gendoli, District Bundi, Rajasthan. (At Present Confined In
District Jail, Bundi.)
----Appellant
Versus
State Of Rajasthan Through PP.
----Respondent
(2) D.B. Criminal Misc. 2nd Suspension of Sentence Application No.571/2021 In D.B. Criminal Appeal No. 708/2018 Mukut Bihari S/o Nathulal Meena resident of Rampura Dholo Ka Thana Gendoli, District Bundi, Rajasthan. (At Present Confined In District Jail, Bundi.)
----Appellants Versus State Of Rajasthan Through PP.
----Respondent For Appellant(s) : Mr. Rajendra Singh Tanwar. For Respondent(s) : Mr. Javed Choudhary, PP.
Mr. Manoj Sharma.
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 25/08/2021 These two second applications for suspension of sentences have been preferred by the applicants-appellants who have been convicted and sentenced as below vide judgment dated (Downloaded on 25/08/2021 at 10:16:53 PM) (2 of 4) 26.02.2018 and 27.02.2018 passed by the learned Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act 1989 Cases, Bundi in Sessions Case No.124/2016 (115/2016):
Offences Sentences Fine Fine Default
sentences
Section 148 IPC 2 Years SI Rs.5,000/- 1 Months S.I.
Section 323/149 IPC 6 Months SI
Section 325/149 IPC 4 Years SI Rs.15,000/- 2 Months S.I.
Section 304 Part 10 Years RI Rs.20,000/- 6 Months' S.I.
1/149 IPC
Learned Public Prosecutor has chosen not to file reply to the applications for suspension of sentences and proposes to argue the matter orally.
We have heard and considered the submissions advanced by learned counsel representing the parties and, have gone through the impugned Judgment and the record.
The first applications for suspenions of sentences preferred on behalf of the appellants were dismissed by this Court on 06.09.2018. It may be stated here that the maximum sentence which has been awarded to the appellants by the trial corut for the offence under Section 304 Part I IPC is of 10 years. The accused appellants have sufferred actual custody period of about 5 years and 9 months. On going through the impugned Judgment and the record, it becomes apparent that eight accused persons received injuries in the same incident and a cross-case was lodged wherein, some persons from the complainant side have reportedly been convicted for the offence under Section 325 IPC. (Downloaded on 25/08/2021 at 10:16:53 PM)
(3 of 4) After rejection of the first applications for suspension of sentences preferred on behalf of the appellants, the appeal has not been taken up for hearing even for once. In the intervening period, application for grant of leave to appeal preferred on behalf of the complainant has been accepted by this Court. The second applications for suspension of sentences preferred on behalf of the co-accused Shravan Lal and Hanuman (528/2021), whose cases stand on an identical footing with that of the appellants, has been accepted by this Court vide order dated 10.06.2021.
In this background, we are inclined to accept these applications for suspension of sentences on parity and on the ground that the appellants-applicants have served more than half of sentence awarded to them by the trial court and there is no likelihood of the appeal being heard in the near future.
Accordingly, these second applications for suspension of sentences filed under Section 389 Cr.P.C. are allowed and it is ordered that the sentences passed by the Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocity) Act 1989 Cases, Bundi, vide judgment dated 26.02.2018 and 27.02.2018 in Sessions Case No.124/2016 (115/2016) against the appellants-applicants (1) Mahavir and (2) Mukut Bihari, 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 27.09.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
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(4 of 4)
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.
A copy of this order be placed in each file.
(RAMESHWAR VYAS),J (SANDEEP MEHTA),J TIKAM/RAHUL ARYA /684 (Downloaded on 25/08/2021 at 10:16:53 PM) Powered by TCPDF (www.tcpdf.org)