Gautam @ Gotiya vs State
2021 Latest Caselaw 634 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 780/2020

Gautam @ Gotiya S/o Jagla, Aged About 30 Years, B/c Bamaniya Adiwasi, R/o Dindoriya, Lohariya Police Station, Banswara, District Banswara. (Lodged In Central Jail, Udaipur).

                                                                    ----Petitioner
                                     Versus
State, Through PP
                                                                  ----Respondent


For Petitioner(s)          :     Mr. B.S. Mertiya
For Respondent(s)          :     Mr. Anil Joshi, PP



           HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment

11/01/2021

The instant application for suspension of sentences under

Section 389 Cr.P.C. has been preferred by appellant-applicant

Gautam @ Gotiya S/o Shri Jagla who has been convicted and

sentenced as below vide judgment dated 24.08.2020 passed by

learned Sessions Judge, Banswara in Sessions Case No.47/2018:

Offence   Under Imprisonment                   Fine               Sentence        in
Section                                                           default of fine
302 IPC             Life Imprisonment Rs.10,000/- 1 Year's RI
201 IPC             Seven Years' RI            Rs.5,000/-         1 Year's   RI

Learned Public Prosecutor has chosen not to file reply to the

application for suspension of sentences and proposes to argue the

matter orally.

(2 of 3) [SOSA-780/2020]

We have heard and considered the submissions advanced by

Shri Mertiya, Advocate representing the appellant-applicant and

learned Public Prosecutor and have gone through the impugned

judgment and the record.

The appellant herein has been convicted and sentenced for

the alleged murder of Smt. Seema W/o Shri Ishwarlal. On going

through the impugned judgment and the evidence available on

record, we are duly satisfied that other than the dubitable

circumstance of extra-judicial confession allegedly made by the

accused as per the deposition of PW.3 Dhula, PW.4 Roopa, PW.5

Mila and PW.6 Lalshankar, there is no other evidence on record of

the case to connect the appellant herein for murder of Smt.

Seema. It is significant to note here that PW.6 Lalshankar stated

in his evidence that the appellant was called to the spot and in

presence of the police, he confessed to the murder. Thus,

elements of coercion for extracting the extra-judicial confession

are writ large from the evidence of other witnesses as well.

In this view of the matter, we are of the firm view that the

appellant has available to him, strong grounds so as to assail the

impugned judgment.

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 Sessions Judge,

Banswara vide judgment dated 24.08.2020 in Sessions Case

No.47/2018 against the appellant-applicant Gautam @ Gotiya S/o

Shri Jagla 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

(3 of 3) [SOSA-780/2020]

satisfaction of the learned trial Judge for his appearance in this

court on 11.02.2021 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.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

16-Sudhir Asopa/-

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