Rajasthan High Court - Jodhpur
Sultan Ram vs State on 12 November, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 609/2021
1. Sultan Ram S/o Jora Ram, Aged About 75 Years, R/o Baas
Kirtan, P.s. Hameerwas, Dist. Churu (Raj.).
2. Ummed Singh S/o Jora Ram, Aged About 55 Years, R/o
Baas Kirtan, P.s. Hameerwas, Dist. Churu (Raj.).
3. Mahendra Singh S/o Jora Ram, Aged About 47 Years, R/o
Baas Kirtan, P.s. Hameerwas, Dist. Churu (Raj.).
4. Manoj Kumar @ Pappu S/o Jora Ram, Aged About 33
Years, R/o Baas Kirtan, P.s. Hameerwas, Dist. Churu
(Raj.).
5. Sandeep Kumar S/o Ummed Singh, Aged About 26 Years,
R/o Baas Kirtan, P.s. Hameerwas, Dist. Churu (Raj.).
----Petitioners
Versus
1.State of Rajasthan, Through PP
2. Rohtash s/o Prem Raj aged about 33 years r/o Amara ka
Baas, Tehsil-Rajgarh, District Churu.
----Respondents
For Petitioner(s) : Mr. Devendra Mahalana
For Respondent(s) : Mr. Laxman Solanki,P.P
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
12/11/2021
The appellants herein stands convicted and sentenced vide
judgment dated 03.09.2021 passed by learned Special Judge, SC/
ST(Prevention of Atrocities), Churu in Sessions Case
No.63/2013(CIS No. 13/2019) as under:-
(2 of 3) [SOSA-609/2021]
Offences Sentence Fine Fine Default
sentences
Section 148 IPC 2 Years' R.I. Rs.2000/- 1 Month R.I.
Section 323/149 IPC 1 Year R.I. Rs.1000/- 1 Month R.I.
Section 325/149 IPC 3 Years' R.I. Rs.5000/- 3 Months' R.I.
Section 341 IPC 1 Month S.I.
Section 342 IPC 6 Months' S.I. Rs.1000/- 1 Month R.I.
Section 3(1)(x) 6 Months' S.I. Rs.1000/- 15 days S.I.
SC/ST Act
Learned counsel for the appellants submits that sentence
passed against the appellants has been suspended under the
provisions of Section 389 Cr.P.C by the trial court itself, the
maximum sentence awarded to the appellants is rigorous
imprisonment for three years with fine. There is bleak possibility
of hearing the matter in the near future. Therefore, he prays to
allow the application seeking suspension of sentence.
Having regard to the facts and circumstances of the case,
this Court consider it just and proper to suspend the sentences
awarded to the appellants, 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 learned Special Judge,
SC/ST(Prevention of Atrocities), Churu, vide judgment dated
03.09.2021 in Sessions Case No.63/2013(CIS No. 13/2019)
against the appellants (1) Sultan Ram S/o Jora Ram
(2)Ummed Singh S/o Jora Ram (3)Mahendra Singh S/o
Jora Ram (4)Manoj Kumar @ Pappu S/o Jora Ram
(5)Sandeep Kumar S/o Ummed Singh, shall remain
suspended till final disposal of the aforesaid appeal and they shall
(3 of 3) [SOSA-609/2021]
be released on bail, provided each of them 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 their
appearance in this court on 20.12.2021 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
1. That appellants 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 their 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(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-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants was 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 does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(RAMESHWAR VYAS),J
109-rahul arya/-
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