Rajasthan High Court - Jodhpur
Bheru Lal vs State on 20 October, 2021
Bench: Arun Bhansali, Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 14/2021
IN
D.B. Criminal Appeal No.2/2021
Bheru Lal S/o Shri Kanhaiya Lal, Aged About 51 Years, R/o
Khachrol, Presently R/o Jyoti Nagar Extension, Bhilwara, District
Bhilwara. (Lodged In District Jail Bhilwara).
----Petitioner
Versus
State, Through P.p.
----Respondent
Connected With
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 100/2021
IN
D.B. Criminal Appeal No.15/2021
Smt Paras Devi W/o Sh. Ram Lal Gadari, Aged About 39 Years,
R/o Takhatpura, P.s. Hamirgarh, Dist. Bhilwara. (At Present
Lodged In District Jail, Bhilwara).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Mridul Jain.
Mr. Bhagat Dadhich.
Mr. Ramesh Chandra Purohit.
For Respondent(s) : Mr. R.R. Chhaparwal, P.P.
HON'BLE MR. JUSTICE ARUN BHANSALI
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
20/10/2021
These applications for suspension of sentence have been
filed by the applicants, who have been convicted by the trial court
for the offences under Section 302/34, 201 of IPC and have been
awarded sentence as under:-
(2 of 4) [SOSA-14/2021]
302/34 IPC Life Imprisonment and a fine of Rs.25,000/-, in
default of payment of fine, further undergo one year
additional simple imprisonment.
201 IPC Three years rigorous imprisonment, and a fine of
Rs.5,000/-, in default of payment of fine, further
undergo six months additional simple imprisonment.
Learned counsel for the applicants made submissions that
the trial court has convicted the applicants purportedly on the
ground of last seen and motive. Submissions have been made that
the said finding of the trial court is ex-facie incorrect, inasmuch
as, the reliance placed on the statements of PW/18, PW/32 and
PW/37 is wholly misplaced. It was emphasized that none of
witnesses have indicated the date, on which both the accused
alongwith deceased, visited the jail premises and no record has
been produced regarding their having visited the jail premises on
a given date.
Further submissions have been made that the purported
motive also is wholly improbable, inasmuch as, the allegations
pertain to the fact that the deceased was in live-in relationship
with real brother of the accused - Bheru Lal, which apparently is
not a reason enough qua Bheru Lal for committing the murder.
Further submissions have been made that co-accused Paras
Devi has been alleged to be a god sister of Bheru Lal, regarding
which, there is no evidence available on record. The accused were
on bail during trial and that hearing of the appeal is likely to take
time and, therefore, the sentence awarded to the applicants may
be suspended.
Learned Public Prosecutor vehemently opposed the bail
application. It was submitted that the trial court has elaborately
(3 of 4) [SOSA-14/2021]
discussed the evidence available on record and has rightly found
the accused guilty of the offences and, therefore, the applications
deserve to be dismissed.
I have considered the submissions made by learned counsel
for the parties and have perused the material available on record
alongwith the statements of PW/18, PW/32 and PW/37.
Apparently, it appears from the said statements that none of
the witnesses have indicated any specific date, on which both the
accused alongwith deceased said to have visited the jail premises
together, which has been taken as last seen evidence by the trial
court.
The emphasis laid by learned Public Prosecutor that the
cloths of accused Bheru Lal were blood-stained, however, from the
FSL report though the blood group found on the cloths is indicated
as 'A', however, there is no material to indicate that the blood
group indicated in the FSL report, was of the deceased. Witness
PW/33 i.e. Investing Officer has specifically indicated that the
bloodstained cloths of the deceased were not sent for FSL.
The appellants were granted bail during pendency of the trial
though the applicant - Bheru Lal has remained behind bars for 5
years and 6 months during trial.
Having considered the submissions and taking into
consideration totality of the facts and circumstances of the case,
without expressing any opinion on the merits of the case, we
consider it appropriate to suspend the substantive sentence
awarded to the appellant.
Accordingly, the application for suspension of sentence
preferred on behalf of appellant is allowed and it is ordered that
the substantive sentence passed by the learned Additional
(4 of 4) [SOSA-14/2021]
Sessions Judge, Bhilwara vide judgment dated 18.12.2020 in
Session Case No.67/2009 against the appellants (1) Bheru Lal
S/o Shri Kanhaiya Lal and (2) Smt Paras Devi W/o Sh. Ram
Lal Gadari, shall remain suspended till final disposal of the
aforesaid criminal appeals provided they execute a personal bond
in the sum of Rs.1,00,000/- alongwith two sureties in the sum of
Rs.50,000/- each to the satisfaction of the learned trial court for
their appearance in this Court on 22.11.2021 and subsequently
before the trial court on the following conditions: -
1. That they will appear before the trial court in the month of
January every year till the appeal is decided.
2. That if the appellants changes the place of residence, they
will give the changed address in writing to the trial court,
High Court as well as to his counsel in the High Court.
3. Similarly if sureties change their addresses, 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 the Session Case in which the
accused appellants were 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 does not appear before the trial court, the learned
trial Judge shall report the matter to the High Court for
cancellation of bail.
(ANOOP KUMAR DHAND),J (ARUN BHANSALI),J
13-14-Sumit/-
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