Rajasthan High Court
Udai Singh Son Of Hargyan Singh vs State Of Rajasthan on 16 August, 2021
Bench: Sandeep Mehta, Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Cr. MISC. SOS (BAIL) APPL. NO.629/2021
IN
D.B. Criminal Appeal No. 161/2019
Udai Singh S/o Hargyan Singh, Aged About 32 Years, R/o Rajpur,
Police Station Sadar Karauli, District Karauli (Rajasthan).
(Presently Lodged In District Jail, Karauli)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr.Arvind Kumar Gupta with
Mr.Rinesh Gupta
For Respondent(s) : Ms.Alka Bhatnagar, AGA
For Complainant : Mr.Mukesh Pal Jadoun
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
ORDER
16/08/2021
The instant application for suspension of sentences has been
filed on behalf of the appellant, who has been convicted and
sentenced by the learned Additional Sessions Judge, Karauli vide
judgment dated 29.4.2019 passed in Sessions Case No.14/2019
whereby the appellant has been convicted and sentenced as
below:
Convicted for offence under Sentenced
Section
302 r/w 34 IPC Life imprisonment and a fine of
Rs.1,00,000/-, in default of
payment of fine, to further
undergo 2 years' S.I.
(2 of 5) [SOSA-629/2021]
We have heard and considered the submissions advanced by
the appellant's counsel, learned Public Prosecutor and learned
counsel for the complainant.
The appellant has remained in custody for a period of about 2
years and 7 months. Reply to the application for suspension of
sentences has been filed by the learned Public Prosecutor.
Shri Arvind Kumar Gupta assisted by Shri Rinesh Gupta learned
counsel representing the appellant urges that the incident involving
the assault on the deceased Ramesh took place over a trivial dispute
between the accused and the victim. He drew the Court's attention to
the statement of the FIR (Ex.P1), statement of Indraj (P.W.1) and
Satveer (P.W.8) and urges that the witnesses alleged that the
appellant therein and the co-accused gave lathi blows on the head
and leg of the deceased. It was contended that when the Medical
Jurist Dr.Rajpal conducted post mortem on the body of the deceased,
one lacerated wound was noticed each on the head and leg of the
deceased. However, none of the witnesses stated as to which
particular injury was inflicted by the two accused persons. He
submitted that there is a grave discrepancy in the statement of
Satveer (P.W.8), who stated that the appellant and the co-accused
both gave lathi blows; one on the front and one on the back of the
head of the deceased Ramesh. However, as only one injury was
(3 of 5) [SOSA-629/2021]
found on the head of the deceased, apparently, the story so set up in
the belated FIR and the statements of the witnesses is unreliable.
Shri Gupta further urges that as per the statements of the star
prosecution witness Indraj (P.W.1), the accused Ramesh gave lathi
blow on the head of the deceased. He thus urges that the appellant
herein against whom, the allegation is of inflicting a lathi blow on the
leg of the deceased, deserves indulgence of bail during pendency of
the appeal.
Per contra, learned Public Prosecutor and learned counsel for
the complainant vehemently and fervently opposed the submissions
advanced by the appellant's counsel.
Having considered the submissions advanced by the learned
counsel for the appellant, learned Public Prosecutor and learned
counsel for the complainant and after going through the FIR and the
evidence of the first informant Indraj, it is apparent that the specific
allegation of causing the fatal head injury to the deceased is against
the accused Ramesh,
In this background, we are of the opinion that the appellant has
available to him strong grounds for assailing the impugned
judgment.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
(4 of 5) [SOSA-629/2021]
sentences passed by the Additional Sessions Judge, Karauli vide
judgment dated 29.4.2019 passed in Sessions Case No.14/2019
against the appellant-applicant Udai Singh S/o Hargyan Singh, 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 17.9.2021 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.
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
(5 of 5) [SOSA-629/2021]
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.
(RAMESHWAR VYAS),J (SANDEEP MEHTA),J
tarun goyal/13
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