Rajiram vs State Of Rajasthan
2021 Latest Caselaw 17057 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 711/2021

Rajiram S/o Sh. Gopiram, Aged About 55 Years, Dhani Khud Rohi Badopal, Ps Pilibanga, Dist. Hanumangadh (Raj.). (At Present Lodged In Central Jail, Bikaner).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent Connected With D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 635/2021 Mohammad Khan S/o Kalu Khan, Aged About 45 Years, R/o Chak Labana, Tehsil Pilibanga, District Hanumangarh (At Present Lodged In District Jail, Hanumangarh)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Rajesh Panwar Mr. M.S. Soni For Respondent(s) : Mr. B.R. Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN

Order

16/11/2021

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 711/2021

(Rajiram Vs. The State of Rajasthan)

The instant application for suspension of sentence

under Section 389 CrPC has been preferred on behalf of the

(2 of 4) [SOSA-711/2021]

appellant-applicant Rajiram S/o Gopiram, who has been convicted

and sentenced for the offence under Section 307/34 IPC vide the

judgment dated 22.09.2021 passed by the learned sessions

Judge, Hanumangarh in Sessions Case No.23/2017.

Learned Public Prosecutor has chosen not to file reply

to the application for suspension of sentence and proposed to

argue the matter orally.

Heard learned counsel for the parties and perused the

material available on record.

Mr. Rajesh Panwar, learned counsel representing the

appellant-applicant Rajiram urges that even as per the highest

allegation of the prosecution, the appellant did not take any active

part in the incident. The allegation of firing the gun shot on the

knee of the injured Jagdish is specifically attributed to the accused

Mohammad. The appellant Raji Ram has been falsely implicated

in this case. The police though investigated the matter and gave

negative final reports on two occasions. However, the same were

not accepted by the trial court. He further urges that the incident

took place in the year 2008. The appellant was on bail during the

course of the trial and he did not misuse the liberty so granted to

him. He, thus, urges that the appellant deserves indulgence of

bail in this case.

Learned Public Prosecutor has vehemently and fervently

opposed the submissions advanced by the appellant's counsel, but

he too is not in a position to dispute the fact that the allegation of

firing the gun shot hitting the knee of the injured Jagdish is

specifically attributed to the accused Mohammad. As per the

statement of the injured Jagdish (P.W.6) and the eye-witness

Pawan Kumar (P.W.2), when the incident took place, the appellant

(3 of 4) [SOSA-711/2021]

Raji Ram even though was armed with a gun, but he did not used

the same.

In this background and having regard to the entirety of

facts and circumstances of the case, this court is of the opinion

that this is a fit case for release of the appellant-applicant Rajiram

on bail by suspending the sentences awarded to him by the trial

court during the pendency of the appeal.

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 Sessions Judge, Hanumangarh

vide judgment dated 22.09.2021 in Sessions Case No.23/2017

against the appellant-applicant Rajiram S/o Gopiram 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 18.12.2021 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 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 in a separate file. Such file be

registered as Criminal Misc. Case related to original case in which

the accused-applicant was tried and convicted. A copy of this

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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 does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 635/2021

(Mohammad Khan Vs. The State of Rajasthan)

Learned counsel Mr. M.S. Soni, representing the

appellant-applicant Mohammad Khan, submits that he does not

press the instant application for suspension of sentence. However,

he craves liberty for the appellant to renew the prayer for bail

after one year.

Accordingly, the application for suspension of sentence

preferred on behalf of the appellant Mohammad Khan is dismissed

as not pressed with the liberty prayed for.

                                   (SAMEER JAIN),J                                         (SANDEEP MEHTA),J


                                    35-36/Pramod/-









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