Rajasthan High Court
Arjun Lal S/O Bodu Ram B/C Meena vs State Of Rajasthan on 18 August, 2021
Bench: Sandeep Mehta, Rameshwar Vyas
(1 of 3) [SOSA 249/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No. 249/2021
in
D.B. Criminal Appeal No. 105/2020
Arjun Lal S/o Bodu Ram, R/o Goner Road, Patasha Factory
Colony, Bal Bihari Nagar, Police Station Malviya Nagar, Jaipur
(Presently confined in Central Jail, Jaipur)
----Appellant
Versus
State of Rajasthan through P.P.
----Respondent
For Appellant(s) : Mr. Ashvin Garg
For Respondent(s) : Ms. Rekha Madnani, Public Prosecutor
Mr. Rajeev Surana for complainant
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
18/08/2021
Heard learned counsel for the appellant, learned Public
Prosecutor and the learned counsel for the complainant on
application for SOS. Perused the impugned judgment and the
material available on record.
This application for SOS has been filed on behalf of the
accused-appellant, who has been convicted and sentenced as
below vide judgment dated 09.01.2020 passed by the Additional
Sessions Judge No. 12, Jaipur Metropolitan in Sessions Case
No. 97/2012 :-
Offence Sentences Fine Fine Default
sentences
U/s 302 IPC Life Rs 1,00,000/- 1 year SI
Imprisonment
(2 of 3) [SOSA 249/2021]
U/s 148 IPC 3 year's SI Rs. 10,000/- 1 month SI
U/s 341 IPC 1 month SI Rs. 500/- 7 days' SI
U/s 324 IPC 3 year's SI Rs. 25,000/- 3 months' SI
U/s 323/149 IPC 1 year SI Rs. 1,000/- 1 month SI
The appellant and the co-accused Mahendra are alleged to
have inflicted stab injuries to the deceased Haider, which resulted
into his death. The star prosecution witness Aabid (P.W.1) was
examined twice in this case. In the first statement recorded on
oath on 17.09.2012, he did not allege that the appellant herein
inflicted the fatal stab injury on the chest of the deceased. But
when the said witness was examined again on 18.07.2013, he
levelled a specific allegation that the appellant herein inflicted the
knife blow on the chest of the deceased, whereas the co-accused
Mahendra gave him a knife blow on the back. However, this
allegation of the witness is apparently an improvement. The
defence has taken a specific plea that the complainant party was
indulged on incident of attempt to outrage the modesty of the
appellant's sister, on which the incident flared up. The deceased
Haider is said to be an intervener, who received the injuries while
he was trying to break up the fight between the accused and the
complainant party. Be that as it may, the sentences awarded to
the co-accused Mahendra have been suspended by this Court.
The accused-appellant herein is in custody for a period of 08 years
and 09 months. Hearing of the appeal is likely to consume time.
In this background, we deem it proper to suspend the
sentences awarded to the accused-appellant by the trial court and
to release him on bail 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
(3 of 3) [SOSA 249/2021]
Judge No. 12, Jaipur Metropolitan vide Judgment dated
09.01.2020 in Sessions Case No. 97/2012 against the accused-
appellant - Arjun Lal son of Bodu 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 18.09.2021 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 appellant(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-appellant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellant(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 appellant(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
INDER NEBHWANI /RAHUL ARYA/9
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