Rajasthan High Court - Jodhpur
Chamna Ram vs State Of Rajasthan on 1 April, 2022
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 26/2022
Chamna Ram S/o Deva Ram, Aged About 23 Years, By Caste
Gameti Bheel, R/o Silwafali Waloria, P.S. Rohida, District Sirohi
(Raj.)
(At Present Confined In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Surendra Surana
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/04/2022
This second application for suspension of sentence under
Section 389 Cr.P.C. has been preferred by appellant-applicant who
has been convicted and sentenced as below vide judgment dated
03.08.2018 passed by Additional Sessions Judge No.1, Abu Road
Camp Pindwara, District Sirohi in Sessions Case No.30/2017
(01/2016):
Offence Under Imprisonment Fine Sentence in
Section default of fine
302/34 IPC Life Imprisonment Rs.10,000/- 1 Month's SI
460/34 IPC 10 Years RI Rs.10,000/- 1 Month's SI
All the sentences were ordered to run concurrently.
(2 of 3) [SOSA-26/2022]
Heard learned counsel for the parties.
Learned counsel for the appellant-applicant submits that the
appellant has suffered incarceration for more than six years. He
further submits that at the time of incident, the appellant was 20
years of age and he only accompanied the principal accused Josi
@ Jagdish who has been attributed with the fatal injury. As per the
testimony of P.W.15 Inkesh and P.W.18 Kanu, the appellant was
not armed with any weapon and he has only inflicted fist injury.
In this background and, keeping in view the observations
made, we are inclined to suspend the sentences awarded to the
appellant-applicant, during pendency of the appeal.
Accordingly, the instant second application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by Additional Sessions Judge
No.1, Abu Road Camp Pindwara, District Sirohi in Sessions Case
No.30/2017 (01/2016) against the appellant-applicant Chamna
Ram shall remain suspended till final disposal of the aforesaid
appeal and he shall be released on bail subject to the condition
that he shall furnish personal bond in the sum of Rs.60,000/- with
two sureties of Rs.30,000/- each to the satisfaction of the learned
trial Judge for his appearance in this court on 04.05.2022 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) [SOSA-26/2022]
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.
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.
(VINIT KUMAR MATHUR),J (SANDEEP MEHTA),J
6-/SanjayS/Vivek/-
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