Praveen vs State
2021 Latest Caselaw 12225 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 451/2021

Praveen S/o Shri Moola Ram Heeragar, Aged About 22 Years, R/o Jhupaghat, Sirohi Police Station Kotwali, Sirohi. (At Present Lodged In Central Jail, Jodhpur)

----Petitioner Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. S.S. Gour.

For Respondent(s) : Mr. R.R. Chhaparwal, PP.

Mr. J.S. Choudhary, Sr. Advocate with Ms. Annu Choudhary.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

05/08/2021

The appellant applicant herein stands convicted and

sentenced as below vide judgment dated 08.04.2019 passed by

the learned Additional Sessions Judge, No.2, Abu Road, District

Sirohi in Sessions Case No.67/2016 (06/2016):

Offences                Sentences                Fine            Fine   Default
                                                                 sentences
Section 460 IPC         10 Years' R.I.           Rs.10,000/- 6 Months' R.I.
Section 302 IPC         Life                     Rs.25,000/- 1 Year's R.I.
                        Imprisonment
Section 302 IPC         Life                     Rs.25,000/- 1 Year's R.I.
                        Imprisonment
Section 380 IPC         5 Years' R.I.            Rs.5,000/-      2 Months' R.I.
4/25 of the Arms 1 Year's S.I.                   Rs.2,000/-      1 Month's S.I.
Act



                                         (2 of 4)                      [SOSA-451/2021]

Learned counsel Shri S.S. Gour representing the applicant

appellant urges that after rejection of the previous applications for

suspension of sentences filed on behalf of the appellant, the

application for suspension of sentences filed on behalf of the co-

accused Pankaj Kumar (276/2021) has been accepted by this

Court and that the case of the applicant appellant is in no manner

distinguishable. It is rather contended that the evidence of the

prosecution as against the appellant is weaker as compared to

that in existence against the co-accused Pankaj Kumar. On this

grounds, learned counsel Shri Gour craved indulgence of bail for

the applicant appellant during pendency of the appeal.

Per contra, learned Public Prosecutor and the counsel

representing the complainant have vehemently and fervently

opposed the submissions advanced by the appellant's counsel and

urged that it is a case of gruesome double blind murders and

wholesome incriminating recoveries were effected from the

appellant during the course of investigation and thus, he does not

deserve indulgence of bail during pendency of appeal.

We have given our thoughtful consideration to the

submissions advanced at bar and have gone through the

impugned Judgment and the record.

It may be stated here that previous two applications filed on

behalf of the applicant appellant were for seeking interim bail and

no consideration was ever made on his case on merits. Thus, for

all practical purposes, this is a first application for suspension of

sentences filed on behalf of the appellant.

After going through record, we find that the prosecution case

is based totally on circumstantial evidence primarily in form of

(3 of 4) [SOSA-451/2021]

recoveries. While examining the application for suspension of

sentences filed on behalf of the co-accused Pankaj Kumar, we

have found that there are significant loopholes in the prosecution

case regarding alleged recoveries and there is a strong indication

from the record regarding the investigation being tainted. The

appellant is in custody since 10.12.2015 and his case is not much

distinguishable from that of the co-accused Pankaj Kumar whose

application for suspension of sentences has been accepted by this

Court vide order dated 29.07.2021.

In this background, we are of the view that the appellant has

available to him strong grounds so as to assail the impugned

Judgment. Hearing of the appeal is unlikely in the near future.

In this view of the matter and, having regard to the facts

and circumstance as available on record, it is considered just and

proper to suspend the sentences awarded to the appellant, during

pendency of the appeal.

Accordingly, the instant application for suspension of

sentences filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by the Additional Sessions

Judge, No.2, Abu Road, District Sirohi, vide judgment dated

08.04.2019 in Sessions Case No.67/2016 (06/2016) against the

appellant-applicant Praveen, 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 06.09.2021

and whenever ordered to do so till the disposal of the appeal on

the conditions indicated below:-

(4 of 4) [SOSA-451/2021]

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.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

9-Tikam/-

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