Hemraj S/O Shri Ramchandra B/C ... vs State Of Rajasthan
2021 Latest Caselaw 3753 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

     D.B. Criminal Misc. Suspension of Sentence Application
                          No. 64/2021
                               IN
               D.B. Criminal Appeal No. 143/2020


       Ramchandra S/o Shri Gangaram B/c Nath, R/o
       Shahnawda, Police Station Itawa Distt. Kota Raj. (At
       Present Confined In Central Jail Kota)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Appellant(s) : Mr. Govind Prasad Rawat For Respondent(s) : Ms. Alka Bhatnagar, A.G.A.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

16/08/2021

The instant application for suspension of sentence has been

filed on behalf of the appellant, who has been convicted and

sentenced by the learned Sessions Judge, Kota vide judgment

dated 15.02.2020 passed in Sessions Case No.207/2017 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.2,000/-.

341 IPC                                  One       month                simple
                                         imprisonment.
323 IPC                                  Three     months               simple
                                         imprisonment.

All the sentences were ordered to run concurrently.

(2 of 3) [CRLAD-143/2020]

Learned counsel for the appellant submits that the appellant

has been convicted under Section 302 with the aid of Section 34

IPC. The fatal injury caused to the deceased on the skull has not

been attributed to the present appellant in the FIR and also in the

statement of the prosecution witnesses. As per the highest case

of prosecution, Hemraj son of the present appellant caused the

said fatal injury to the deceased by an axe. It is submitted that

the appellant is about 75 years old. Against the present appellant

offence under Section 302 IPC is not made out. The appellant has

remained in prison for more than four years. A cross-case was

also lodged by the accused party against the complainant party.

In the above circumstances, the sentence awarded to the

appellant deserves to be suspended till the disposal of the appeal.

On the other hand, learned Addl. Govt. Advocate opposed

the grant of suspension of sentence. As per his contention there

was common intention to kill Hajari Nath, in pursuance of which,

co-accused Hemraj inflicted the head injury on the deceased.

Heard learned counsel for the appellant and learned Addl.

Govt. Advocate on the application for suspension of sentence.

The appellant is more than 75 years old. The fatal injury on

the skull of the deceased is not attributed to the present

appellant. The appellant has remained in judicial custody for more

than four years. The appeal is not likely to be heard in the near

future.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case, this Court is of the opinion that it is a fit case for

suspending the sentences awarded to the accused appellant.

(3 of 3) [CRLAD-143/2020]

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Sessions Judge, Kota vide judgment dated 15.02.2020 in Sessions Case No.207/2017 against the appellant-applicant Ramchandra S/o Shri Gangaram, 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.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 17.09.2021 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.

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.

                                            (RAMESHWAR VYAS),J                                           (SANDEEP MEHTA),J

                                   AK CHOUHAN /21









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