Shankar Lal vs State Of Rajasthan
2021 Latest Caselaw 17148 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 681/2021

Shankar Lal S/o Ladu Lal Gurjar, aged about 41 years, R/o Takhtpura @ Baliya Kheda, P.S. Kotdi, District Bhilwara. (Raj.).

(Presently lodged at District Jail, Bhilwara).

                                                                   ----Petitioner
                                    Versus
State of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Mr. N.K. Gurjar
For Respondent(s)         :     Mr. Sumer Singh Rajpurohit, P.P.



          HON'BLE MR. JUSTICE RAMESHWAR VYAS

                                     Order

16/11/2021

The appellant has been convicted and sentenced as below

vide Judgment dated 13.09.2021 passed by Additional Sessions

Judge No. 1, Bhilwara in Sessions Case No. 09/2013 (C.I.S. No.

208/2014) :-

Offence                   Sentences             Fine               Fine
                                                                   Default
                                                                   sentences
u/s 307/34 IPC            7 years SI            Rs. 5,000/-
u/s 323/34 IPC            1 year SI             Rs. 1,000/-        6 months SI

The appellant has moved this application under Section 389

Cr.P.C. seeking suspension of sentences awarded to him by the

trial court.

Learned Public Prosecutor has not chosen to file reply to the

application for suspension of sentences and proposes to argue the

matter orally.

(2 of 3) [SOSA-681/2021]

Heard learned counsel for the appellant and learned Public

Prosecutor and perused impugned judgment and original record of

the case.

Learned counsel for the appellant submits that the appellant

was on bail during trial. He is not of criminal background. He

further submits that the incident in the present case took place

between neighbours of the field on account of boundary dispute.

In the above circumstances, he prays to allow this application for

suspension of sentences.

On the other hand, learned Public Prosecutor has opposed

the application for suspension of sentences.

Having regard to the submissions made at the Bar and after

perusal of the record, it is evident that there was dispute over

boundary wall between the parties, on account of which, the

incident took place. No previous conviction has been recorded

against the appellant. There is bleak possibility of hearing of the

appeal in near future.

In this background and having regard to the facts and

circumstances of the case, this Court is inclined to accept the

application for suspension of sentences and to release the

appellant on bail during the pendency of the appeal.

Accordingly, the application for suspension of sentence filed

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

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

vide Judgment dated 13.09.2021 in Sessions Case No. 09/2013

(C.I.S. No. 208/2014) against the appellant-applicant - Shankar

Lal S/o Ladu Lal Gurjar, 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/-

(3 of 3) [SOSA-681/2021]

with two sureties of Rs.25,000/- each to the satisfaction of the

trial Judge for his appearance in this Court on 13.12.2021 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 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 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 trial

Judge shall report the matter to the High Court for cancellation of

bail.

(RAMESHWAR VYAS),J

101-Inder/-

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