Rajasthan High Court - Jodhpur
Ganpat vs State Of Rajasthan-State on 14 January, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 631/2020
Ganpat S/o Shri Bhanwar Lal, Aged About 30 Years, By Caste
Regar, R/o Marjivi, Nimbahera Police Station, District
Chittorgarh. (Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan-State, Through P.P.
----Respondent
For Petitioner(s) : Mr. J.V.S. Deora
For Respondent(s) : Mr. Anil Joshi, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment / Order
14/01/2021
This is second application for suspension of sentences filed
on behalf of the appellant-applicant Ganpat S/o Shri Bhanwar Lal ,
who has been convicted and sentenced by learned Addl. District &
Sessions Judge, No.2, Nimbaheda, District Chittorgarh vide
judgment dated 14.07.2017 passed in Sessions Case No.59/2015
(13/2014) as follows:-
Offence Under Imprisonment Fine Sentence in
Section default of fine
302 IPC Life Rs.5,000/- 3 Months' SI
Imprisonment
201 IPC 3 Years' SI Rs.5,000/- 3 Months' SI
(2 of 3) [SOSA-631/2020]
Learned Public Prosecutor has chosen not to file reply to the
application for suspension of sentences and proposed to argue the
matter orally.
Heard learned counsel for the appellant-application, learned
Public Prosecutor and perused the material available on record.
The first application for suspension of sentences filed on
behalf of the applicant-appellant herein was rejected by this Court
on 16.04.2019. However, the appeal could not be taken up for
hearing due to unforeseen reasons. The appellant continues to
languish in jail since 05.01.2014. On going through the material
available on record, it is clear that the only significant evidence
which the prosecution has latched upon to prove its case based on
circumstantial evidence is the statement of Jalam Singh (PW.28),
who claims to have seen the deceased in company of the accused
soon before her death. However, identification of the deceased
Smt. Rekha by Jalam Singh is doubtful.
In this background, we are inclined to suspend the sentences
awarded to the accused-appellant by the trial court, during
pendency of 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.
District & Sessions Judge No.2, Nimbaheda, Chittorgarh vide
judgment dated 14.07.2017 in Sessions Case No.59/2015
(13/2014) against the appellant-applicant Ganpat S/o Shri
Bhanwar Lal 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
(3 of 3) [SOSA-631/2020]
court on 15.02.2021 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
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.
(VINIT KUMAR MATHUR),J (SANDEEP MEHTA),J
23-Sudhir Asopa/-
Powered by TCPDF (www.tcpdf.org)
