Rajasthan High Court
Deepak Kumar @ Kala S/O Dharmpal vs State Of Rajasthan on 26 August, 2021
Bench: Sandeep Mehta, Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentences Application
No.1191/2020
In
D.B. Criminal Appeal No. 180/2020
Deepak Kumar @ Kala S/o Shri Dharmpal, Aged About 19 Years,
R/o Baghana, Ps Kotkasim Dist. Alwar, Raj. At Present In Central
Jail, Alwar.
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Harendra Singh Sinsinwar with
Mr. Rajesh Choudhary
For Respondent(s) : Mr. Javed Choudhary
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Judgment
26/08/2021
The instant application for suspension of sentences under
Section 389 Cr.P.C. has been preferred by appellant-applicant
Deepak Kumar @ Kala S/o Shri Dharmpal who has been convicted
and sentenced vide judgment dated 06.11.2019 passed by learned
Addl. Sessions Judge No.1, Kishangarhbas, Alwar in Sessions Case
No.17/2018 as below:-
Offence Sentence Fine Fine Default
sentences
U/s 302/34 IPC Life Imprisonment Rs.25,000/- 3 months' R.I.
U/s 201/34 IPC 2 Years' RI Rs.2000/- 2 months' R.I.
(2 of 4) [SOSA No.1191/2020]
Learned Public Prosecutor has filed reply to the application
for suspension of sentences.
We have heard and considered the submissions advanced at
bar and have gone through the impugned judgment and the
record.
The prosecution has alleged that the deceased Balwant @
Billu went away from his house on 10.12.2015 but thereafter no
information was received regarding his whereabouts. Sher Singh
(PW.4), father of the boy and other family members made enquiry
on which, they came to know from sources that Deepak S/o Shri
Dharmpal (appellant) and Lekhram S/o Subesingh who were
friends of his son (the deceased Balwant), had taken the deceased
to kotkasim where all consumed liquor. After consuming liquor, a
quarrel ensued, wherein Deepak Kumar and Lekhram assaulted
Balwant by lathis etc. and killed him. The FIR (Ex.P/3) came to be
submitted by Sher Singh (PW.4) at Police Station Kotkasim on
16.12.2015 wherein, he alleged that, he alongwith Ashok and Ex-
sarpanch Balwan approached the two alleged assailants who
confessed in their presence that they had consumed liquor with
the victim on 10.12.2015 after which a quarrel ensued and both of
them (two accused) beat him up by lathis and sticks and thereby
killed him and the dead body was thrown into Johad of the village.
The dead body was recovered and when postmortem was carried
out, the cause of death was opined to be the head injury. The
accused-appellant was chargesheeted in the regular court whereas
the co-accused being juvenile, he was challaned before Juvenile
(3 of 4) [SOSA No.1191/2020]
Justice Board concerned. The prosecution based its case on
circumstantial evidence viz. last seen and extra-judicial
confession. The trial court, discarded the theory of extra-judicial
confession but proceeded to convict the accused on the basis of
circumstance of last seen and the alleged pointing out of place
where the dead-body was recovered.
After appreciating the evidence available on record, we find
that there are significant shortcomings in these two links of
circumstantial evidence relied upon by the prosecution. The
accused appellant was on bail during the course of trial and he did
not misuse the liberty of bail so granted to him. The appellant has
available to him strong and plausible grounds for assailing the
impugned judgment. Hearing of the appeal is likely to consume
time.
In this background, we are inclined to suspend the sentences
awarded to the appellant by the trial court 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 learned Addl. Sessions
Judge No.1, Kishangarhbas, Alwar vide judgment dated
06.11.2019 in Sessions Case No.17/2018 against the appellant-
applicant Deepak Kumar @ Kala S/o Shri Dharmpal shall remain
suspended till final disposal of the aforesaid appeal and he shall be
released on bail subject to the condition that he shall furnish
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
(4 of 4) [SOSA No.1191/2020]
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
/Sudhir Asopa/Ashu
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