Prahlad Ram S/O Gyana Ram vs State Of Rajasthan
2021 Latest Caselaw 3974 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

   (1) D.B. Criminal Misc. Suspension of Sentence Application
                          No.691/2021

                                       In

               D.B. Criminal Appeal No. 142/2020

Subhash Kumar S/o Bhagwan Singh, R/o Rampura Police Station
Sadar Sikar Raj. (At Present Lodged In The Distt. Jail Sikar).
                                                                  ----Appellant
                                   Versus
 State Of Rajasthan, Through P.p.
                                                                ----Respondent

(2) D.B. Criminal Misc. Suspension of Sentence Application No.690/2021

In

D.B. Criminal Appeal No. 142/2020

Prahlad Ram S/o Gyana Ram, R/o Dugoli Police Station Sadar Sikar Raj. (At Present Lodged In The Distt. Jail Sikar)

----Appellants Versus State Of Rajasthan, Through P.p.

                                                                ----Respondent


For Appellant(s)         :     Mr. Ashvin Garg.
For Respondent(s)        :     Mr. Javed Choudhary, PP.
                               Mr. Ravindra Kumar on behalf of
                               Mr. Sanjay Mehla.



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

                                    Order

25/08/2021

These two applications for suspension of sentences have

been preferred by the applicants-appellants who have been

(2 of 4)

convicted and sentenced as below vide judgment dated

17.02.2020 passed by the learned Additional Sessions Judge No.2,

Sikar in Sessions Case No.(21/2015) B.T. No.24/2015 (CIS

No.86/2015):

Offences                Sentences             Fine              Fine      Default
                                                                sentences
Section 147 IPC         2 Years RI            Rs.10,000/- 2 Months S.I.
Section 364 IPC         10 Years RI           Rs.20,000/- 4 Months SI
Section 302/120 IPC     Life                  Rs.50,000/- 1 Year S.I.
                        Imprisonment
Section 201 IPC         3 Years RI            Rs.10,000/- 2 Months' S.I.

Learned Public Prosecutor has filed reply to the application

for suspension of sentences.

We have heard and considered the submissions advanced by

learned counsel representing the parties and, have gone through

the impugned Judgment and the record.

The incident involves murder of one Mahesh Kumar son of

Ishwar Jat. The FIR (Ex.P/1) came to be lodged by Laxman,

brother of the deceased, who admittedly was not an eye-witness

of the incident. The material prosecution eye-witness Subhash

Mahla (PW-3), upon being examined under Section 161 Cr.P.C.

(Ex.D/3), did not name the appellant Prahlad Ram as being one of

the assailants. Rajkumar (PW-4), when examined under Section

161 Cr.P.C. (Ex.D/4), categorically stated that he did not know the

assailants. Mahesh (PW-5), upon being examined under Section

161 Cr.P.C. (Ex.D/5), stated that the assailants Sawai Singh,

Jagdish, Vidhyadhar and 4-5 other persons came in the Bolero

vehicle of Prahlad and Subhash Kumar Jat came on a motorcycle.

(3 of 4)

So far as the accused Prahlad is concerned, the witness alleged

that he was a conspirator. Manifestly thus, there is a serious doubt

regarding the participation of the accused Prahlad in the incident.

The accsued Prahlad was on bail during the course of the trial.

However, regarding the accused Subhash Kumar, there is

consistent evidence of the eye-witnesses regarding his

participation in the incident.

In this view of the matter, we are inclined to accept the

application for suspension of sentences preferred on behalf of the

accused Prahalad Ram whereas the accused Subhash Kumar is not

entitled to be released on bail.

Accordingly, the application for suspension of

sentences filed on behalf of the appellant Prahlad Ram is

allowed whereas the application for suspension of

sentences preferred by appellant Subhash Kumar is

rejected. It is ordered that the sentences passed by the learned

Additional Sessions Judge No.2, Sikar, vide judgment dated

17.02.2020 in Sessions Case No.(21/2015) B.T. No.24/2015 (CIS

No.86/2015) against the appellant-applicant Prahlad 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 27.09.2021 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.

(4 of 4)

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.

A copy of this order be placed in each file.

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

TIKAM/RAHUL ARYA /8

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