Om Prakash vs State Of Rajasthan
2022 Latest Caselaw 5012 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 795/2021

Om Prakash S/o Prabhu Ram, Aged About 42 Years, B/c Jat, R/o Dhadhal, Tehsil Rajgarh, Dist. Churu. (At Present Confined In Dist. Jail, Churu)

----Petitioner Versus

1.State Of Rajasthan, Through PP

2. Babu Lal S/o Om Prakash B/C Meghwal, R/o Dadhal Shera, Tehsil Rajgarh, District Churu

----Respondent

For Petitioner(s) : Mr. J.S. Choudhary Sr. Advocate with Mr. Pradeep Choudhary} Mr. Navneet Godara For Respondent(s) : Mr. B.R.Bishnoi, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI

Order

04/04/2022

The instant application for suspension of sentences under

Section 389 Cr.P.C. is preferred on behalf of the appellant-

applicant Om Prakash S/o Prabhu Ram, who has been convicted

and sentenced as below vide judgment dated 11.10.2021 passed

by learned Special Judge, SC/ST (Prevention of Atrocities Cases),

Churu in Sessions Case No.47/2012.

Offences Sentences Fine Fine Default sentences Section 302 IPC Life Imprisonment Rs.10,000/- One Year's additional Rigorous imprisonment Section 201 IPC 5 Years Rigorous Rs.5,000/- Six Months' Imprisonment additional Rigorous imprisonment Section 3 (2)(V) of Life Imprisonment Rs.10,000/- One Year's the SC/ST Act additional Rigorous

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imprisonment

All the sentences were ordered to run concurrently.

Since the matter pertains to the accusation falling under the

penal provisions of the Scheduled Caste/Scheduled Tribe

(Prevention of Atrocities) Act, 1989, therefore, notices were issued

to the complainant/victim Babu Lal so as to invite him to protest

the bail plea, if he desires to do so. However, despite notice, no

one has put in appearance on his behalf. The receipt of the

intimation sent to the victim Babu Lal be taken on record.

Heard learned counsel for the appellant-applicant and the

learned Public Prosecutor. Perused the impugned judgment and

the material available on record.

It was contended by the learned counsel for the appellant-

applicant that there is no eye-witness of the incident and the

entire case is based upon circumstantial evidence; the

circumstance pitted against the petitioner is that the deceased

was seen last in the company of the appellant-applicant; there is

no other corroborative piece of evidence to support or substantiate

the allegation of murder. Learned counsel further submits that the

testimony of Ram Kumar (P.W.3) is not credible enough to sustain

the conviction. He further submits that the appellant-applicant was

on bail during trial and he did not misuse the liberty so granted to

him; the hearing of the appeal would likely to consume time and

there is strong and arguable case in favour of the appellant-

applicant. Thus, learned counsel representing the appellant,

sought acceptance of the application for suspension of sentences

craving indulgence of bail to the appellant, during pendency of the

appeal.

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In this background and having regard to the entirety of the

facts and circumstances of the case, we are of the opinion that it

is a fit case for suspending the sentences awarded to the accused

appellant during the pendency of the appeal.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Special Judge, SC/ST

(Prevention of Atrocities Cases), Churu vide judgment dated

11.10.2021 in Sessions Case No.47/2012 against the appellant-

applicant Om Prakash S/o Prabhu Ram, shall remain

suspended till final disposal of the aforesaid appeal and he shall be

released on bail, provided he executes a personal bond in the sum

of Rs.50,000/- with two sureties of Rs.25,000/- 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 will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his 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 in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was 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

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pendency and disposal of cases in the trial court. In case the said

accused applicant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

                                   (FARJAND ALI),J                                            (SANDEEP MEHTA),J
                                    52-Mamta/-









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