Rajasthan High Court - Jodhpur
Ravindra Kumar vs State on 25 October, 2021
Bench: Manoj Kumar Garg
(1 of 3) [CRLAS-765/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 765/2021
1. Ravindra Kumar S/o Sultanaram, Aged About 28 Years, R/
o 05, N.p. Dabla, Tehsil Muklawa, Dist. Sriganganagar. (At
Present Lodged In Central Jail, Jodhpur).
2. Smt. Vijaylaxmi W/o Sh. Sultanaram, Aged About 57
Years, R/o 05, N.p. Dabla, Tehsil Muklawa, Dist.
Sriganganagar. (At Present Lodged In Central Jail,
Jodhpur).
----Appellants
Versus
State, Through Pp
----Respondent
For Appellant(s) : Mr. Varun Goyal
For Respondent(s) : Mr. Mukesh Trivedi, PP
Mr. Trilok Joshi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
25/10/2021
Heard.
Admit. Learned Public Prosecutor accepts notice on behalf of
the appellant-State.
Heard on application for suspension of sentence No.518/2021.
Learned counsel for the appellants submits that the trial court
acquitted both the appellants for the offence under Section 304 (B)
IPC but convicted them for offence under Section 306 IPC. Counsel
further submits that there is no evidence against the accused
appellants for abatement to commit suicide, therefore offence under
section 306 IPC is not at all made out against them. Counsel further
submits that appellant No. 1 Ravindra Kumar is inside the jail since
(2 of 3) [CRLAS-765/2021]
02.10.2017 and appellant No.2 Smt Vijaylaxmi was on bail during
the trial and hearing of the appeal shall take sufficient time to be
concluded, therefore, the sentence awarded to the appellants may be
suspended.
Per contra learned Public Prosecutor as well as counsel for the
complainant vehemently opposed the prayer.
Upon a consideration of the arguments advanced on behalf of
the petitioner and having regard to the facts and circumstances of
the case, this Court is of the opinion that it is a fit case for
suspending the sentences awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the Addl. District and Sessions
Judge, Pokhran, vide judgment dated 26.07.2021 in Sessions Case
NO.02/2018 against the appellant-applicants namely Ravindra
Kumar S/o Sultanaram and Smt. Vijaylaxmi W/o Sh. Sultanaram
shall remain suspended till final disposal of the aforesaid appeal
subject to the condition that the appellants will deposit the fine
amount as imposed by the learned trial Court and they will be
released on bail, provided each of them executes a personal bond in
the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to
the satisfaction of the learned trial Judge for their appearance in this
court on 25.11.2021 and whenever ordered to do so till the disposal
of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court
in the month of January of every year till the appeal
is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
(3 of 3) [CRLAS-765/2021]
his/her/their 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.
4. Appellant shall deposit the fine amount as imposed
by the learned trial court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant(s) was/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
applicant(s) does not appear before the trial court, the learned trial
Judge shall report the matter to the High Court for cancellation of
bail.
(MANOJ KUMAR GARG),J
2-Samvedana/-
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