Bhati Bhai vs State Of Rajasthan-State
2021 Latest Caselaw 17264 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                No. 590/2021

Bhati Bhai S/o Shri Jawa Bhai, Aged About 41 Years, B/c Damor
Bheel, R/o Damor Dhundha, Meghraj Police Station, District
Arvalli (Guj.) (Lodged In Central Jail, Udaipur)
                                                                     ----Petitioner
                                     Versus
State Of Rajasthan-State, Through Pp
                                                                   ----Respondent


For Petitioner(s)          :    Mr. JVS Deora
For Respondent(s)          :    Mr. Gaurav Singh, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

18/11/2021

     In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

     Learned     counsel       for   the    petitioner          submits   that   the

petitioner's identification parade was conducted after the incident

of six months.

     Learned counsel for the petitioner pointed out from the

impugned judgment that the offence under Section 3/25 of Arms

Act could not be proved by the prosecution and the petitioner has

been absolved for the offence under Section 3/25 of Arms Act.

Learned counsel for the petitioner submits that there are no

previous criminal antecedents against the present petitioner and

the petitioner has already undergone the custody of six years and

15 days.


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     Learned counsel for the petitioner further submits that the

facts of the case, particularly, absolving the petitioner under the

Arms Act, as well as the manner in which, the identification

parade has been conducted, creates doubt in the prosecution story

and is a valid criticism of the impugned judgment, as it could not

be deal with the same in favour of the petitioner.

     Learned Public Prosecutor has opposed the application.

     This Court heard learned counsel for the parties and perused

the material available on record.

     This Court on conjoint reading of conclusion of the impugned

judgment on issue no.1 whereby the petitioner has been absolved

from the offence under Section 3/25 of Arms Act and further, the

identification parade has been conducted belatedly after a period

of six months, as well as the fact that petitioner is in custody for

last more than six years and as having no antecedents against the

present petitioner, is inclined to grant the suspension of sentence

application.

     Thus,     having    considered          the      totality      of     facts   and

circumstances of the case, this Court considers it just and proper

to suspend the substantive sentence awarded to the accused

applicant-appellant.

     Accordingly, the Suspension of Sentence application filed

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

substantive sentence passed by the trial court vide judgment

dated 30.04.2021 in Sessions Case No.94/2015 against applicant-

appellant    Bhati   Bhai     S/o      Shri      Jawa        Bhai        shall   remain

suspended till final disposal of the aforesaid appeal, 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

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                                   Judge for his 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 he will appear before the trial Court in the

                                              month of January of every year till the appeal is

                                              decided.


                                        2.    That    if    the     appellant        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,

                                              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-appellant in a separate file. Such file be registered as

                                   Criminal Misc. Case related to original case in which the accused-

                                   appellant 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-appellant does not appear before the trial court, the

                                   learned trial Judge shall report the matter to the High Court for

                                   cancellation of bail.

                                                                     (DR.PUSHPENDRA SINGH BHATI),J.

105-Sudheer/-

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