Rajasthan High Court - Jodhpur
Yogesh vs State on 26 July, 2021
Bench: Sandeep Mehta, Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 112/2021
Yogesh S/o Shri Amar Lal, Aged About 40 Years, By Caste
Meena, R/o Village Barapal-Khajuri-Fala-Kejra, Police Station
Goverdhan Vilas, Udaipur, Presently Residing At Avrimata Colony,
Central Area, Hiran Magri, District Udaipur (Raj.).
(Lodged In Central Jail Udaipur).
----Petitioner
Versus
State of Rajasthan through P.P.
----Respondent
For Petitioner(s) : Mr.J.V.S.Deora, Adv.
For Respondent(s) : Mr.Farzand Ali, GA-cum-AAG with
Mr.B.R.Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
26/07/2021
The instant application for suspension of sentences under
Section 389 Cr.P.C. has been preferred by appellant-applicant
Yogesh S/o Amar Lal, who has been convicted and sentenced vide
judgment dated 12.01.2018 passed by learned Addl. Sessions
Judge, Salumber, Distt. Udaipur in Sessions Case No.60/2013 (CIS
No.192/20214), as below:-
Offence Under Imprisonment Fine Sentence in
Section default of fine
(2 of 4) [SOSA-112/2021]
302/34 IPC Life Imprisonment Rs.10,000/- 1 year's SI
201/34 IPC 7 years' R.I. Rs.1000/- 6 month's S.I.
120-B IPC Life Imprisonment Rs.10,000/- 1 year's SI
(All the sentences were ordered to run concurrently.)
Learned Public Prosecutor has filed reply to the application
for suspension of sentences and proposes to argue the matter
orally.
We have heard and considered the submissions advanced by
J.V.S. Deora and Shri Farzand Ali, AAG and have gone through the
impugned judgment and the record.
After going through the impugned judgment of the trial
court, it is clear that entire case of the prosecution is based on
circumstantial evidence i.e., in form of last seen, call-details
record and recoveries. However, on perusal of the statement of
Keshar Kanwar (PW-10) and Tej Singh (PW-17), it becomes clear
that there are significant contradictions/infirmities in the claim of
these witnesses regarding the accused having been lastly seen in
the company of the deceased-Madho Singh. The call details were
not got proved by examining the Service Provider Company
concerned. The suspension of sentence application filed by co-
accused Banshi Lal has been accepted by this Court. The appeal is
not likely to come up for hearing in near future. After evaluating
the evidence available on record, we are of the opinion that the
appellant-applicant has available to him strong/significant
grounds for assailing the impugned judgment. Thus, we are
inclined to suspend the sentences awarded to the appellant-
applicant by the trial court, during pendency of appeal.
(3 of 4) [SOSA-112/2021]
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. Sessions
Judge, Salumber, Distt. Udaipur vide judgment dated 12.01.2018
in Sessions Case No.60/2013 (CIS No.192/20214) against the
appellant-applicant Yogesh S/o Amar Lal shall remain
suspended till final disposal of the aforesaid appeal and he shall be
released on bail provided he shall furnish a personal bond in the
sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 01.09.2021 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 changes the place of
residence, he will give in writing his changed address
to the trial Court as well as to the counsel in the High
Court.
3. Similarly, if the sureties change their addresses,
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
(4 of 4) [SOSA-112/2021]
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.
(MANOJ KUMAR GARG),J (SANDEEP MEHTA),J
36-NK/-
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