Vicky @ Vikas Oad vs State Of Rajasthan
2021 Latest Caselaw 19434 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 659/2021

In

S.B. Criminal Appeal No.968/2021

Vicky @ Vikas Oad S/o Lal Ji, Aged About 23 Years, 627, Eklavya Colony, Behind Dudhiya Ganesh Ji, P.s. Amba Mata, Dist. Udaipur (Raj.).

(At Present Lodged In Central Jail, Udaipur).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Sudhir Saruparia For Respondent(s) : Mr. Mukhtiyaar Khan, P.P.

Mr. Pritam Solanki, complainant

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

20/12/2021

Heard learned counsel for the appellants and learned Public

Prosecutor as well as learned counsel for the complainant on

application for suspension of sentence.

By the instant application under Section 389 Cr.P.C.,

applicant-appellant has craved for suspending the sentence

handed down by learned Additional Sessions Judge No.4, Udaipur

(for short, 'learned trial Court'), by its verdict dated 05.10.2021.

Learned trial Court, by the aforesaid verdict, punished the

applicant-appellant under Sections 307 IPC and Section 4/25 of

the Arms Act and handed down maximum sentence of ten years'

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rigorous imprisonment with fine of Rs.5,000/-and in default of

payment of fine to further undergo sentence for six months'

simple imprisonment.

It is submitted by learned counsel that applicant-appellant

that as per statement of injured, Mahendra (P.W.5), they were

consuming beer just before the incident and on the sudden spur of

the moment, quarrel arose between them. As per statement of

Dr. Anish Ahmmed (P.W.3), there is only one simple injury and

there is no repetition of injuries. It is further submitted by learned

counsel for the applicant-appellant that earlier one compromise

has been arrived at between the parties and therefore, Section

307 IPC is a compoundable offence. With these submissions, the

sentence of applicant-appellant may be suspended.

Learned Public Prosecutor does not wish to file reply to the

application for suspension of sentences. Learned Public

Prosecutor as well as learned counsel for the complainant have

vehemently opposed the application for suspension of sentence

and stated that Doctor (P.W.5) and injured (P.W.3), both have

supported the story of prosecution; knife has also been recovered

from the applicant-appellant.

Having regard to the facts and circumstances of the case and

considering the fact that there is only one simple injury; there is

no repetition of injuries; injuries are reported to be simple in

nature and are not found to be dangerous to life; hearing of the

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appeal will take long time, I feel inclined to accept this application

for suspension of sentence.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by Additional Sessions Judge No.4, Udaipur, vide

judgment dated 05.10.2021, in Sessions Case No.77/2014 against

appellant-applicant, Vicky @ Vikas Oad S/o Lal Ji, 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 21.01.2022 and whenever ordered to do so till disposal

of the appeal, on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his 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

accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was 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 purposes relating to

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pendency and disposal of cases in the trial court. In case the said

accused applicant does not appear before the trial Court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(DEVENDRA KACHHAWAHA),J 82-Bharti/-

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