Rajasthan High Court - Jodhpur
Gopal Gwala vs State on 29 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 836/2020
1. Gopal Gwala S/o Jagdish Pehalwan, Aged About 35 Years, R/o
Nayapura Road, Karamchari Colony, Mandsore, District Mandsore
(M.p.).
2. Dashrath @ Dashiya S/o Heera Lal Teli, aged about 30 years,
R/o Nayapura Road, Mandsore, District Mandsore (M.P.)
(Presently Lodged At Central Jail Udaipur).
----Appellants
Versus
State of Rajasthan.
----Respondent
For Petitioner(s) : Mr. Ravindra Kumar Charan
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/01/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Heard learned counsel for the parties.
Learned counsel for the appellants submits that the offences
have been found to be not travelling beyond Section 201 read with
Section 120-B IPC. He further submits that in the order passed by
the learned trial court, the maximum attribution to the appellants
is disposing of the evidence i.e. the dead body by burning it with
the intention to removing the evidence. He also submits that the
appellants were on bail during trial and there are no previous
criminal antecedents of the appellants. He further submits that the
offence itself is bailable.
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(2 of 3) [SOSA-836/2020]
Learned Public Prosecutor opposes the suspension of
sentence application.
This Court, upon considering the submissions made by
learned counsel for the appellants and perusing the record of the
case, is inclined to suspend the substantive sentence awarded to
the accused-appellants.
Accordingly, this S.B. Suspension of Sentence Application
(Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered
that the substantive sentence passed by the trial court vide
judgment dated 31.10.2020 in Sessions Case No.464/2014 (CIS
Registration No.464/2014) against appellants (1) Gopal Gwala
S/o Jagdish Pehalwan and (2) Dashrath @ Dashiya S/o
Heera Lal Teli shall remain suspended till final disposal of the
aforesaid appeal, provided each of them execute 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 their 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 they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants changes the place of
residence, they will give in writing 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,
they will give in writing their changed address to
the trial Court.
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(3 of 3) [SOSA-836/2020]
The learned trial Court shall keep the record of attendance of
the accused-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants 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-appellants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
62-Zeeshan
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