Rajasthan High Court - Jodhpur
Sanwara @ Sanwariya @ Sanwar Lal vs State on 28 January, 2021
Bench: Sandeep Mehta, Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 81/2021
Sanwara @ Sanwariya @ Sanwar Lal S/o Devi Lal, Aged About
25 Years, B/c Bheel, R/o Hurniya Khera , Bhilwara Sadar P.S.
Bhilwara, Distt. Bhilwara.
(Lodged In Distt. Jail, Bhilwara).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Tirath Raj Singh Sodha.
For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA with
Mr. Aneesh Bhurat, PP.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
28/01/2021
Learned Public Prosecutor has chosen not to file reply to this
application for suspension of sentences and proposes to argue the
matter orally.
Heard learned counsel representing the applicant appellant
and the learned Public Prosecutor. Perused the impugned
judgment and the record.
The instant application for suspension of sentences has been
preferred on behalf of the appellant applicant who has been
convicted and sentenced as below vide judgment dated
29.05.2019 passed by the learned Additional Sessions Judge,
No.1, Bhilwara in Sessions Case No.36/2016:
(2 of 3) [SOSA-81/2021]
Offences Sentences Fine Fine Default
sentences
Section 302 Life Rs.2,000/- 15 Days' S.I.
Imprisonment
The appellant is in custody for the last about six years. A
perusal of the impugned judgment and the record, it is apparent
that the prosecution case with the allegation of murder of Laxman,
is based purely on circumstantial evidence. The important material
prosecution witnesses have made significant improvements in
their story when examined on oath. Primarily, the prosecution
case rests on blood stained recoveries allegedly made from the
appellant during investigation. Learned counsel Shri Sodha has
raised an issue of there being discrepancies regarding arrest of the
accused in this case.
In this view of the matter, we are of the view that the
appellant has available to him strong grounds so as to assail the
impugned judgment. Hearing of the appeal is likely to consume
time.
Thus, having regard to the overall facts and circumstances
available on record and, considering the prolonged custody of the
appellant and the bleak chances of early disposal of the appeal,
we are inclined to suspend the sentences awarded to the
appellant, during pendency of the 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 the Additional Sessions
Judge, No.1, Bhilwara, vide judgment dated 29.05.2019 in
Sessions Case No.36/2016 against the appellant-applicant
(3 of 3) [SOSA-81/2021]
Sanwara @ Sanwariya @ Sanwar Lal, 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 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.
(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J
40-Tikam/-
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