Mala Ram vs State Of Rajasthan
2022 Latest Caselaw 5331 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 219/2022

Mala Ram S/o Sh. Puna Ram, Aged About 38 Years, Birani, P.s. Bhopalgarh, Dist. Jodhpur (Raj.). (Presently Lodged In Central Jail, Jodhpur).

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Vineet Jain Sr. Advocate assisted by Mr.Ashok Kumar For Respondent(s) : Mr. B.R. Bishnoi, PP For Complainant(s) : Mr. R.K. Bishnoi

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

Order

11/04/2022

The instant application for suspension of sentence under

Section 389 CrPC has been preferred on behalf of the appellant-

applicant Mala Ram S/o Sh. Puna Ram, who has been convicted

and sentenced as below vide the judgment dated 30.09.2021

passed by the learned Additional Sessions Judge, Jodhpur in

Sessions Case No.137/2015.

Offences under Sentences                     Fine Amount          In default
Section
302/149 IPC         Life                   Rs.5,000/-             6       months
                    Imprisonment                                  Additional
                                                                  Imprisonment
147 IPC             1 Year R.I.            Rs.500/-               15         days
                                                                  Additional
                                                                  Imprisonment

All the sentences were ordered to run concurrently.

(2 of 4) [SOSA-219/2022]

Learned Public Prosecutor has filed reply to the application

for suspension of sentences.

Learned counsel for the applicant-appellant submits that the

applicant-appellant has falsely been implicated in this matter,

there is no concrete evidence to bring home the guilt of the

applicant-accused as the prosecution has miserably failed to prove

its case beyond every shadow of reasonable doubt. He further

submits that there was no motive for the applicant-accused Mala

Ram to commit the murder of the deceased Om Prakash @

Bhutta. No sufficient material has been brought on record to prove

the fact that the applicant-appellant hatched a conspiracy with the

other accused-persons to kill the deceased. On the contrary, it

would be emanating from the record that the old aged mother and

other family members were with the applicant-accused in the

vehicle which goes to show that there was no criminal intent of

the applicant-appellant to kill the deceased. He further submits

that the sentences of the other co-accused namely Ratana Ram,

Puna Ram, Ghewar Ram and Sunil have been suspended by the

Coordinate Benches of this Court vide orders dated 10.02.2022 &

21.03.2022 passed in D.B. Criminal Misc. Suspension of Sentence

Applications (Appeal) Nos.709/2021 and 179/2022 and the case of

the applicant-appellant is in no manner distinguishable to them.

The medical evidence totally negates the prosecution theory that

the deceased was run over by the vehicle, which was allegedly

being driven by the applicant-appellant. He further submits that

applicant-appellant is behind Bars for more than last eight years

and the hearing of the appeal would further take a long time,

therefore, the applicant-appellant may be released on bail.

(3 of 4) [SOSA-219/2022]

Learned Public Prosecutor and learned counsel for the

complainant vehemently and fervently opposed the submissions

advanced by the learned counsel for the applicant-appellant. They

contended that the applicant-appellant being the principal accused

thus, he is not entitled to be released on bail during the course of

appeal in view of the nature and gravity of the offence and

availability of the evidence against him.

Heard learned counsel for the parties and perused the

material available on record.

On a perusal of the evidence of the Medical Jurist, it becomes

clear that the witness admitted that there were no crush injuries

on the body of the deceased and as a consequence, there were no

evidence to show that the deceased had been run over by a

vehicle. Thus, there is merit in the contention of Shri Jain

regarding inherent contradiction inter-se between the medical

evidence and ocular testimony. Coupled with this, the fact that

sentences of other co-accused namely Ratana Ram, Puna Ram,

Ghewar Ram and Sunil have already been suspended by the

Coordinate Benches of this court and as the applicant-appellant is

behind the Bar since eight and half years thus, this Court is of the

view that it is a fit case for grant of indulgence of bail to the

appellant-applicant by suspending the sentences awarded to him

by the trial court during the pendency of the appeal.

Accordingly, the application for suspension of sentences filed

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

sentences passed by the learned Additional Sessions Judge,

Jodhpur vide judgment dated 30.09.2021 in Sessions Case

No.137/2015 against the appellant-applicant Mala Ram S/o Sh.

Puna Ram shall remain suspended till final disposal of the

(4 of 4) [SOSA-219/2022]

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 11.05.2022 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 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
                                    29-Mamta/-









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