Sonu @ Narendra Kumar vs State Of Rajasthan
2021 Latest Caselaw 7519 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 96/2021

Sonu @ Narendra Kumar S/o Sh. Lala Ram, Aged About 25
Years, By Caste Bheel, R/o Bheel Colony, Delwara, Abu Parwat,
District Sirohi. (Lodged In District Jail Sirohi).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr.Mridul Jain, Mr.Bhagat Dadhich.
For Respondent(s)        :     Mr.Farzand Ali, GA cum AAG
                               Mr.R.R.Chhaparwal.



           HON'BLE MR. JUSTICE SANDEEP MEHTA
      HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

                                 ORDER

17/03/2021

The instant application for suspension of sentences has been

preferred by the appellant Sonu @ Narendra Kumar seeking

suspension of sentences recorded by the learned Additional Sessions

Judge, No.1, Abu Road, District Sirohi vide judgment dated

28.11.2019 in Sessions Case No.7/2018 whereby the appellant was

convicted for the offence under Section 302 I.P.C. and sentenced to

suffer life imprisonment and a fine of Rs.25,000/- and in default of

payment of fine, one year's additional imprisonment.

Learned Public Prosecutor has not chosen to file reply and

proposes to argue the matter orally.

We have heard and considered the submissions advanced by

Shri Mridul Jain, learned counsel representing the appellant, learned

(2 of 4) [SOSA-96/2021]

AAG and learned Public Prosecutor and have gone through the

impugned judgment and the record.

The case of the prosecution is based purely on circumstantial

evidence. The case involves murders of the Kasturji, uncle of the

appellant herein and appellant's cousin Jagdish. The F.I.R. of the

double murder (Ex.P31) was lodged by the appellant himself at the

Police Station Abu Road on 11.12.2017 with an allegation that dead

bodies of his uncle and cousin were lying in their house and prima-

facie, the incident appeared to be of 3 to 4 days ago.

The prosecution has primarily tried to link the appellant with

the crime on the basis of the so-called evidence of last seen in the

form of statement of Gajendra Singh (P.W.16). However, Gajendra

Singh did not state as to on what particular date, Jagdish and Sonu

came to his shop for purchasing liquor. He stated that on the next

day after these two persons purchased liquor from his shop, he

heard that Jagdish and Kasturji have been murdered. Ex-facie, this

statement of Jagdish is false because both the deceased were

murdered about 3 to 4 days before the incident came to light. In

addition thereto, the prosecution has alleged that recovery of the

property documents and other documents of the two deceased

persons was effected from the present appellant. However, the

witness Rajkumar (P.W.3) and Praveen Kumar (P.W.10) have both

(3 of 4) [SOSA-96/2021]

admitted that the bag containing the documents was recovered lying

at the spot and thereafter, the same was given to Sonu, who was the

only surviving relative of the two deceased persons.

In this background, we are of the opinion that the appellant has

strong and valid grounds to challenge the impugned judgment.

Hearing of the appeal is likely to consume time. Consequently, this

Court is of the opinion that it is a fit case for suspending the

sentences awarded to the accused appellant.

Accordingly, the application for suspension of sentences filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Additional Sessions Judge No.1,

Abu Road, District Sirohi vide judgment dated 28.11.2019 in

Sessions Case No.7/2018 against the appellant-applicant Sonu @

Narendra Kumar 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 17.4.2021 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.

(4 of 4) [SOSA-96/2021]

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

/tarun goyal/ 53

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