Rajasthan High Court
Siyaram S/O Nahar Singh Jaat vs State Of Rajasthan on 10 November, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence App. No. 413/2021
IN
S. B. Criminal Appeal No. 633/2021
1. Siyaram S/o Nahar Singh Jaat,
2. Jagdish S/o Nahar Singh Jaat,
3. Than Singh S/o Nahar Singh Jaat,
4. Sanjay Urf Sanju S/o Siyaram,
5. Satish Chand S/o Siyaram,
All R/o Village Naam Police Station Nadbai District
Bharatpur (At Present Confined At Central Jail Bharatpur)
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Kapil Gupta
For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
Mr. Rahul Sinsinwar for complainant
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
10/11/2021
1. Heard on application for suspension of sentence.
2. The appellants have filed the appeal along with
application for suspension of sentence.
3. The appeal has been preferred against the judgments
dated 10.03.2021 and 17.03.2021 passed by court of Additional
Sessions Judge No. 4 Bharatpur (Raj.) by which the appellants
have been convicted for offence/s under Sections 148, 323, 341,
and 307 read with Section 149 of IPC and sentenced to maximum
term of seven years imprisonment.
4. It has been submitted by learned counsel for the
(2 of 3) [SOSA-413/2021]
appellants that the appellants have been falsely implicated in the
matter due to enmity. Offence under Section 307 IPC is not made
out on the basis of evidence of doctors, who have prepared the
injury report and opined about the nature of injury. In this
regard, learned counsel for the appellants has referred to
statement of PW1-Dr. Sahab Singh and has submitted that when
the injury report of injured Jitendra Singh S/o Laxman was
prepared, the alleged injury was shown to be grievous in nature.
At that time, no opinion was given that this injury was dangerous
to life. It was only subsequently that on the letter of Investigating
Officer, the nature of injury was described as 'may be dangerous
to life'. The opinion is not definite and is prepared afterwards.
Similarly as far as the injury of injured Meghshyam is concerned
PW13-Dr. Sanjeev Chopra has stated in his cross examination that
after operation, injured remained in normal condition and he was
discharged in normal physical condition. The other criminal cases
shown pending against the appellants have been disposed of in
favour of the appellants. Only one other criminal case-FIR No.
656/2019 is under trial under Section 308 IPC which is also
outcome of a cross case FIR No. 657/2019 in which matter
charge-sheet has also been filed against the complainant side for
offence under Sections 456, 323, 341 IPC. It is further submitted
that as per certificate under Rule 311(3) of Rajasthan High Court
Rules, 1952, the appellants were on bail during trial and now
appellants Siyaram, Jagdish, Than Singh and Sanjay @ Sanju are
in judicial custody since 10.03.2021 and appellant-Satish Chand is
behind the bars since 17.03.2021. Hearing of the appeal may
take considerable time.
(3 of 3) [SOSA-413/2021]
5. Learned Public Prosecutor assisted by learned counsel
for the complainant have opposed the application for suspension
of sentence and have stated that the injuries cause to the injured
Jitendra and Meghshyam, were dangerous to life and were caused
on vital parts of the body. The evidence of prosecution is
sufficient to convict the appellants for offences for which they
have been charged.
6. Heard learned counsel for the parties and scanned the
evidence available on record.
7. Taking into consideration the submissions of learned
counsel for the parties, evidence available on record and overall
facts and circumstances of the case but without commenting upon
merits of the case, this Court deems just and proper to allow the
application for suspension of sentence.
8. Accordingly, the application for suspension of sentence
is allowed and it is ordered that the sentence awarded to accused-
appellants 1. Siyaram S/o Nahar Singh Jaat, 2. Jagdish S/o Nahar
Singh Jaat, 3. Than Singh S/o Nahar Singh Jaat, 4. Sanjay @
Sanju S/o Siyaram and 5. Satish Chand S/o Siyaram, shall remain
suspended till disposal of this criminal appeal and they shall be
released on bail provided each of the them furnishes a personal
bond of Rs. 1,00,000/- (One Lakh) and two sureties of
Rs.50,000/- (Fifty Thousand) each to the satisfaction of the
learned trial Court for their appearance in this Court on
10.12.2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Pooja /28
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