Rajasthan High Court
Rajendra @ Raju Thehat @ Richhpal ... 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.
528/2019
In
D.B. Criminal Appeal No. 29/2019
Rajendra @ Raju Thehat @ Richhpal S/o Shri Dhannaram, R/o
Roopgarh Tan Thehat Police Station Dantaramgarh, District Sikar
Raj. (At Present Confined In Central Jail Jaipur)
----Appellant
Versus
State Of Rajasthan Through PP, Raj.
----Respondent
For Appellant(s) : Mr. Vijay Poonia
For Respondent(s) : Mr. Javed Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
26/08/2021
The instant application for suspension of sentences under
Section 389 Cr.P.C. has been preferred by appellant-applicant
Rajendra @ Raju Thehat @ Richhpal S/o Shri Dhannaram who has
been convicted and sentenced vide judgment dated 15.10.2018
passed by learned Addl. Sessions Judge No.4, Sikar in Sessions
Case No.53/2006 as below:-
Offence Sentences Fine Fine Default
sentences
U/s 302/149 IPC Life Imprisonment Rs.50,000/- 1 year's SI
U/s 148 IPC 1 Year's SI Rs.1,000/- 1 month's SI.
U/s 341 IPC 1 month's SI Rs.500/- 15 days' SI
(2 of 4) [SOSA-528/2019]
U/s 323 IPC 1 Year's SI Rs.1,000/- 1 month's SI.
U/s 325 IPC 5 Years' SI Rs.10,000/- 6 months' SI.
U/s 427/149 IPC 1 Year's SI Rs.2,000/- 2 month's SI.
U/s 307/149 IPC 7 Years' SI Rs.20,000/- 6 months' SI.
(All the sentences were ordered to run concurrently)
We have heard and considered the submissions advanced at
bar and have gone through the impugned judgment and the
record.
Learned Public Prosecutor has filed reply to the application
for suspension of sentences and he has also placed on record the
criminal antecedent report of the appellant which reveals that as
many as 31 cases have been registered against the appellant
between the years 1995 to 2015. However, as per this report, the
appellant has been acquitted in 21 whereas he has been convicted
in two of these cases. The FIR of the case at hand came to
registered in the year 2005. Subsequent charge-sheet came to
submitted against the appellant and co-accused Mohan Lal in the
year 2013. As per the custody certificate placed on record by
learned Public Prosecutor, the appellant has suffered custodial
period of about seven and half years. Few of the co-accused
persons i.e. Rohitash and Suresh Kumar were convicted
previously. The sentences awarded to these co-accused persons
namely Rohitash and Suresh Kumar have been suspended by this
court vide order dated 29.09.2016 passed in D.B. Criminal Misc.
SOS Application No.1139/2016 and order dated 29.09.2016
passed in D.B. Criminal Misc. SOS Application No.782/2016.
Allegations of prosecution witnesses are uniform against all
accused persons. On going through the evidence of the eye-
witnesses and the medical jurist, we find merit in the contention of
(3 of 4) [SOSA-528/2019]
learned counsel for the appellant that the accused has a strong
case for questioning his conviction for the offence punishable
under Section 302 IPC. The cause of death of deceased Vijay Pal
was opined to be head injury but when he was medically
examined after the incident, the medical jurist PW-8 Dr. Mahesh
Sharma did not notice any external injury on the head of Vijay Pal
nor was any abnormality noticed in his bodily parameters. The
Medical Jurist PW-11 Dr. Nandlal, who conducted postmortem
upon the body of Vijay Pal, opined that the cause of death was
coma as a result of head injury but no damage/fracture was
noticed on the skull of the deceased.
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.4, Sikar vide judgment dated 15.10.2018 in Sessions
Case No.53/2006 against the appellant-applicant Rajendra @ Raju
Thehat @ Richhpal S/o Shri Dhannaram 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 to do so till the
disposal of the appeal on the conditions indicated below:-
(4 of 4) [SOSA-528/2019]
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/Ashu
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