Rajasthan High Court - Jodhpur
Hukma Ram vs State Of Rajasthan on 1 December, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 558/2021
Hukma Ram S/o Sh. Bora Ram, Aged About 40 Years, B/c
Meghwal, R/o Vill. Pal, Khadki Mohalla, Dhoriyo Ki Dhani, P.s.
CHB, Jodhpur (Raj.). (At Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sumer Singh
For Respondent(s) : Mr. S.S. Rajpurohit, PP
Mr. C.S. Kotwani
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/12/2021
Heard learned counsel for the parties.
Learned counsel for the petitioner submits that there was no
intention of the petitioner to cause fatal injuries to the deceased
Bhikhe Kha in the accident which occurred on 16.10.2006. He
submits that during the trial, the petitioner was on bail. He further
submits that the learned trial court vide its order dated
12.10.2017 has convicted the petitioner to undergo simple
imprisonment for a period of two years. He submits that appeal
against the same has already been rejected by the appellate court
vide order dated 04.03.2020.
Learned counsel further submits that the learned trial court
has not appreciated the facts in its correct perspective. He submits
that the petitioner is facing incarceration for more than one and a
half month.
(2 of 3) [CRLW-558/2021]
Admit.
Issue notice.
Call for the record.
Considering the fact that it was an accident wherein, no
intention could be attributed to the petitioner for causing the fatal
injuries to the deceased, the sentence awarded vide Judgment
dated 12.10.2017 passed by the learned Nyayadhikari, Gram
Nyayalaya, Mandore, Jodhpur Metro, confirmed by appellate order
dated 04.03.2020 passed by the learner Additional Sessions Judge
No.5, Jodhpur Metro shall remain suspended till final disposal of
the criminal writ petition, provided he executes a personal bond in
a sum of Rs. 50,000/- with two sureties of Rs. 25000/- each to the
satisfaction of the trial court for his appearance before this Court
on 04.01.2022 and whenever ordered to do so, till the disposal of
the criminal writ petition on the conditions indicated below:-
1. That he will appear before the trial Court in the month of
January of every year till the writ is decided.
2. That if the appellant changes the place of residence, he
will give in writing his changed address to the trial Court
as well as to the counsel in High Court.
3. Similarly, if the sureties change their address, 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-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. The 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
(3 of 3) [CRLW-558/2021]
accused-petitioner does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(VINIT KUMAR MATHUR),J
99-/Vivek/-
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