[2023:RJ-JD:31577-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 1109/2023 Birbal Ram S/o Sh. Shivratan, aged about 50 Years, resident of Village Sindhu, Police Station Nokha, Tehsil Nokha, District Bikaner. (Presently Lodged In Central Jail, Bikaner)
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. Deepak Menaria.
For Respondent(s) : Mr. R.R. Chhaparwal, P.P. HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE VIJAY BISHNOI Order 26/09/2023 Heard learned counsel for the parties on the application for suspension of sentence.
2. Learned counsel for the applicant-appellant has contended that the allegations against the accused persons were primarily that they had fired with respective firearms. However, all the injuries, which have been found on the injured, were of simple in nature. The recovery of country-made pistol has been effected from the applicant-appellant, Birbal Ram. Assertion has been made by learned counsel for the applicant-appellant that co- accused Shankar Lal has been granted benefit of suspension of sentence. The applicant has completed almost five years and three months of actual sentence and with remission completed almost five years and eleven months. He, on this basis, contends (Downloaded on 12/11/2023 at 06:36:42 AM) [2023:RJ-JD:31577-DB] (2 of 3) [SOSA-1109/2023] that the sentence of the applicant-appellant may be suspended during the pendency of the appeal as he was on bail during trial as well.
3. Learned Public Prosecutor for the State has not been able to controvert the factual assertion as has been pointed out by the learned counsel for the applicant-appellant. However, he states that the sentence of the applicant-appellant may not be suspended as the pistol has been recovered from the applicant- appellant. He had taken active part in the commission of the offence, and therefore, the concession, as prayed for, is not deserved by him.
4. Having considered the submissions made by learned counsel for the parties and after going through the record, we find that the co-accused, Shankar Lal, who was similarly placed as the applicant-appellant as far as served sentence is concerned, has been granted benefit of suspension of sentence vide order dated 14.08.2023. The applicant-appellant has completed almost five years and eleven months of sentence with remission. The appeal is not likely to be heard on merits in near future. Therefore, without expressing any opinion on merits of the case but taking into consideration the entire facts and circumstances of the case, we accept the prayer made in the application and suspend the sentence of the applicant-appellant during pendency of the appeal.
5. Accordingly, this application for suspension of sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge No.3, Bikaner vide judgment dated 19.11.2019 in Sessions Case No.34/2012 against applicant-appellant Birbal Ram S/o Shri (Downloaded on 12/11/2023 at 06:36:42 AM) [2023:RJ-JD:31577-DB] (3 of 3) [SOSA-1109/2023] Shivratan shall remain suspended till final disposal of the appeal, 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 court for his appearance in this Court on 01.11.2023 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-appellant 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, they will give in writing their changed address to the trial Court.
6. The learned trial Court shall keep the record of attendance of the accused-applicant-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant-appellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (VIJAY BISHNOI),J (AUGUSTINE GEORGE MASIH),CJ 36-a.asopa/-
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