Rajasthan High Court - Jodhpur
Gokul Ram vs State Of Rajasthan on 1 April, 2022
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc III Suspension Of Sentence Application
(Appeal) No. 603/2021
Gokul Ram S/o Shri Ratna Ram, Aged About 42 Years, B/c Jat
(Sau), R/o Shivsagar Jethaniya, Police Station Dechu District
Jodhpur.
(At Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. C.S. Rajpurohit
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 third 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
26.04.2018 passed by Additional Sessions Judge, Jodhpur District
in Sessions Case No.01/2015 (177/2014) (33/2012):
Offence Under Imprisonment Fine Sentence in
Section default of fine
341 IPC 1 Month's SI Rs.500/- 15 Days' RI
302 IPC Life Imprisonment Rs.10,000/- 6 months' RI
All the sentences were ordered to run concurrently.
The second application for suspension of sentence filed on
behalf of the appellant-applicant was dismissed as not pressed on
(2 of 3) [SOSA-603/2021]
14.01.2021. Three of the co-accused persons have been granted
bail by this Court in this matter. However, the appellant is said to
be the principal accused. As per the custody certificate placed on
record, the appellant is incarcerated in prison from 19.03.2012. A
perusal of the order-sheets of the appeal does not indicate that
the matter was ever listed for hearing or that the appellant's
counsel did not make an attempt to argue the appeal on merits.
In this background and, keeping in view the observations
made and the direction given by Hon'ble the Supreme Court in the
case of Saudan Singh Vs. The State of Uttar Pradesh
(Criminal Appeal No.308/2022) decided on 25.02.2022, we
are inclined to suspend the sentences awarded to the appellant-
applicant, during pendency of the appeal.
Accordingly, the instant third 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,
Jodhpur District in Sessions Case No.01/2015 (177/2014)
(33/2012) against the appellant-applicant Gokul 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.1,00,000/- with two
sureties of Rs.50,000/- 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.
(3 of 3) [SOSA-603/2021]
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
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
2-/SanjayS/Vivek/-
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