Rajasthan High Court - Jodhpur
Magna Ram vs State Of Rajasthan on 1 February, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc 4th Suspension Of Sentence Application
(Appeal) No. 89/2021
Magna Ram S/o Amba Ram, Aged About 28 Years, By Caste
Meghwal, R/o Jhak Swamiji, Police Station Gida, District Barmer
(At Present Lodged In District Jail Barmer).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
01/02/2021
The instant fourth application for suspension of
sentence under Section 389 CrPC has been preferred on behalf of
the appellant-applicant Magna Ram S/o Amba Ram, who has been
convicted and sentenced for the offences under Sections 458, 354,
324, 307 IPC and Section 4/25 of the Arms Act vide the judgment
dated 08.08.2016 passed by the learned Additional Sessions
Judge No.1, Barmer in Sessions Case No.55/2015.
Learned Public Prosecutor has chosen not to file reply
to the application for suspension of sentence and proposed to
argue the matter orally.
Heard learned counsel for the parties and perused the
material available on record.
The previous application for suspension of sentences
preferred on behalf of the appellant-applicant was dismissed by
(2 of 3) [SOSA-89/2021]
this court vide order dated 15.07.2019. The appeal has not been
listed for hearing even once. The fervent contention of Mr. Ojha
craving bail for the appellant during pendency of the appeal is that
even if the prosecution case is accepted to be true on the face of
the record, the appellant has served out sentence in excess of six
years, which would suffice in the facts and circumstances of the
case. He further contends that the appeal is not likely to be heard
in near future. He, thus, urges that the petitioner deserves
indulgence of bail during pendency of the appeal.
Learned Public Prosecutor has opposed the submissions
advanced by the appellant's counsel. However, he too does not
dispute the fact that the appellant has remained in custody for
nearly six years. The appeal is not likely to be heard in near
future.
In this background and having regard to the entirety of
the facts and circumstances of the case, this court is of the view
that it is a fit case for grant of indulgence of bail to the appellant-
applicant by suspending the sentences awarded to him by the trial
court during the pendency of the appeal.
Accordingly, the application for suspension of sentences
filed under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge No.1,
Barmer vide judgment dated 08.08.2016 in Sessions Case
No.55/2015 against the appellant-applicant Magna Ram S/o Amba
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 01.03.2021 and whenever ordered
(3 of 3) [SOSA-89/2021]
to do so till the disposal of the appeal on the conditions indicated
below:-
1. That he will appear before the trial Court in the
month of January of 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 the 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 purpose
relating to 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.
(SANDEEP MEHTA),J
64-Pramod/-
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