Royala vs State
2021 Latest Caselaw 4908 Raj

Citation : 2021 Latest Caselaw 4908 Raj
Judgement Date : 22 February, 2021

Rajasthan High Court - Jodhpur

Royala vs State on 22 February, 2021

Bench: Sandeep Mehta, Devendra Kachhawaha

(1 of 3) [SOSA-1228/2019]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1228/2019

Royala S/o Bhatiya, Aged About 22 Years, By Caste Paragi, R/o Village Mandwal, P.S. Kotara, District Udaipur (Rajasthan). (Presently Lodged In Central Jail Udaipur).

----Petitioner Versus State of Raj., Through P.P.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Shambhoo Singh
For Respondent(s)        :     Mr. Anil Joshi, PP



           HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

22/02/2021

The instant application for suspension of sentence under

Section 389 of Cr.P.C has been preferred on behalf of the

appellant-applicant Royala S/o Bhatiya, who has been convicted

and sentenced for the offences under Section 302/34 and 447 of

IPC vide the judgment dated 13.09.2019 passed by the learned

Additional Sessions Judge No.3, District Udaipur, in Sessions Case

No.27/2016 (CIS No.146/16).

Learned Public Prosecutor has chosen not to file reply to the

application for suspension of sentence and proposed to argue the

matter orally.

Heard and considered the submissions advanced by learned

counsel representing the applicant-appellant, learned Public

(2 of 3) [SOSA-1228/2019]

Prosecutor and have gone through the impugned judgment and

the material available on record.

As per the prosecution case set out in the FIR Ex.P/16, the

appellant and Ramesh allegedly caught hold of the deceased Shri

Bhama whereas, the accused Hamira stabbed him with a sharp

weapon. However during the course of investigation, the

prosecution witnesses exonerated the accused Ramesh and the

appellant was implicated as the person who caught hold of the

deceased, whereas, a consistent allegation has been levelled that

the stab blow was inflicted by Hamira to the deceased Bhama. The

appellant as well as co-accused Hamira have been convicted for

the offence under Section 302 IPC with the aid of Section 34 of

IPC.

In view of the fact that appellant is in custody from

December, 2014 and hearing of the appeal is likely to consume

time, we are of the opinion that appellant has available to him a

strong ground so as to challenge the impugned judgment of

conviction.

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 the Additional Sessions

Judge No.3, District Udaipur, vide judgment dated 13.09.2019 in

Sessions Case No.27/2016 (CIS no.146/16) against the appellant-

applicant Royala S/o Bhatiya 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/-

(3 of 3) [SOSA-1228/2019]

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance in this Court on 22.03.2021

and whenever ordered 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(s) changes the place of residence, he will give in writing her changed address to the trial Court as well as to the counsel in the High Court.