HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
(1) D.B. Criminal Misc. Suspension of Sentence Application
No.691/2021
In
D.B. Criminal Appeal No. 142/2020
Subhash Kumar S/o Bhagwan Singh, R/o Rampura Police Station
Sadar Sikar Raj. (At Present Lodged In The Distt. Jail Sikar).
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
(2) D.B. Criminal Misc. Suspension of Sentence Application No.690/2021 In D.B. Criminal Appeal No. 142/2020 Prahlad Ram S/o Gyana Ram, R/o Dugoli Police Station Sadar Sikar Raj. (At Present Lodged In The Distt. Jail Sikar)
----Appellants Versus State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Ashvin Garg.
For Respondent(s) : Mr. Javed Choudhary, PP.
Mr. Ravindra Kumar on behalf of
Mr. Sanjay Mehla.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
25/08/2021
These two applications for suspension of sentences have been preferred by the applicants-appellants who have been (Downloaded on 25/08/2021 at 10:16:56 PM) (2 of 4) convicted and sentenced as below vide judgment dated 17.02.2020 passed by the learned Additional Sessions Judge No.2, Sikar in Sessions Case No.(21/2015) B.T. No.24/2015 (CIS No.86/2015):
Offences Sentences Fine Fine Default
sentences
Section 147 IPC 2 Years RI Rs.10,000/- 2 Months S.I.
Section 364 IPC 10 Years RI Rs.20,000/- 4 Months SI
Section 302/120 IPC Life Rs.50,000/- 1 Year S.I.
Imprisonment
Section 201 IPC 3 Years RI Rs.10,000/- 2 Months' S.I.
Learned Public Prosecutor has filed reply to the application for suspension of sentences.
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 incident involves murder of one Mahesh Kumar son of Ishwar Jat. The FIR (Ex.P/1) came to be lodged by Laxman, brother of the deceased, who admittedly was not an eye-witness of the incident. The material prosecution eye-witness Subhash Mahla (PW-3), upon being examined under Section 161 Cr.P.C. (Ex.D/3), did not name the appellant Prahlad Ram as being one of the assailants. Rajkumar (PW-4), when examined under Section 161 Cr.P.C. (Ex.D/4), categorically stated that he did not know the assailants. Mahesh (PW-5), upon being examined under Section 161 Cr.P.C. (Ex.D/5), stated that the assailants Sawai Singh, Jagdish, Vidhyadhar and 4-5 other persons came in the Bolero vehicle of Prahlad and Subhash Kumar Jat came on a motorcycle. (Downloaded on 25/08/2021 at 10:16:56 PM)
(3 of 4) So far as the accused Prahlad is concerned, the witness alleged that he was a conspirator. Manifestly thus, there is a serious doubt regarding the participation of the accused Prahlad in the incident. The accsued Prahlad was on bail during the course of the trial. However, regarding the accused Subhash Kumar, there is consistent evidence of the eye-witnesses regarding his participation in the incident.
In this view of the matter, we are inclined to accept the application for suspension of sentences preferred on behalf of the accused Prahalad Ram whereas the accused Subhash Kumar is not entitled to be released on bail.
Accordingly, the application for suspension of sentences filed on behalf of the appellant Prahlad Ram is allowed whereas the application for suspension of sentences preferred by appellant Subhash Kumar is rejected. It is ordered that the sentences passed by the learned Additional Sessions Judge No.2, Sikar, vide judgment dated 17.02.2020 in Sessions Case No.(21/2015) B.T. No.24/2015 (CIS No.86/2015) against the appellant-applicant Prahlad Ram, 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 27.09.2021 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.(Downloaded on 25/08/2021 at 10:16:56 PM)
(4 of 4)
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 /8 (Downloaded on 25/08/2021 at 10:16:56 PM) Powered by TCPDF (www.tcpdf.org)