Om Prakash Vishnoi vs State Of Rajasthan
2022 Latest Caselaw 5388 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 228/2022

Om Prakash Vishnoi S/o Rana Ram Vishnoi, Aged About 27 Years, R/o Basni Nikuba, P.s. Dangiyawas, Dist. Jodhpur (Raj.). (Lodged At Central Jail, Jodhpur).

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

----Respondent

For Petitioner(s) : Mr. J.S. Choudhary, Senior Advocate, assisted by Mr. Pradeep Choudhary For Respondent(s) : Mr. B.R. Bishnoi, AGC Mr. Surendra Surana

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

12/04/2022

The instant application for suspension of sentence

under Section 389 CrPC has been preferred on behalf of the

appellant-applicant Om Prakash Vishnoi S/o Rana Ram Vishnoi,

who has been convicted for the offence under Section 302 read

with Section 120-B IPC and sentenced to undergo Life

Imprisonment vide the judgment dated 12.11.2021 passed by the

learned Additional Sessions Judge No.6, Jodhpur Metropolitan in

Sessions Case No.14/2014.

Learned Public Prosecutor has filed reply to the

application for suspension of sentence.

We have heard and considered the submissions

advanced by Mr. J.S. Choudhary, learned Senior Advocate,

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assisted by Mr. Pradeep Choudhary, representing the appellant-

applincat, learned Public Prosecutor and Mr. Surendra Surana,

learned counsel representing the complainant and perused the

material available on record.

As per the reply filed by the respondents and the

custody certificate available on record, the appellant has served

the sentence of nearly 6 years and 8 months by now. The

application for suspension of sentence No.115/2022 preferred on

behalf of the co-accused Ramesh Rao, Dinesh Gurjar and Bhawani

Singh has been accepted by this court vide order dated

15.03.2022 in the following manner :-

"The appellants have served imprisonment well in excess of 6 years. The case as set up by the prosecution is that the appellants herein acted as conspirators with the main accused Chainaram who fired a gunshot killing Shri Sanjay Gurjar who was participating in a funeral procession. The allegation of conspiracy is attributed to the appellants on certain inferences sought to be drawn from the fact that the appellants and Shri Chainaram came to the place of incident in the same vehicle. Chainaram got down from the vehicle and shot the deceased and thereafter, he escaped in the same vehicle in which, the appellants were present. The inference of conspiracy sought to be drawn by the prosecution on the above set of facts would have to be appreciated when the appeal is finally heard. For the present, the fact remains that during trial, the appellants were granted bail by this Court after suffering imprisonment of more than six months. The distinct and categoric allegation of the prosecution witnesses regarding the fatal gunshot fired at the

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deceased is attributed to the co-accused Chainaram. Hearing of the appeal is unlikely in the near future.

In this background, we are of the opinion that the appellants have available to them strong and plausible grounds for assailing the impugned Judgment.

In this view of the matter and, having regard to the facts and circumstance as available on record, it is considered just and proper to suspend the sentences awarded to the appellants, during pendency of the appeals."

The only distinction sought to be drawn by the

complainant's counsel in the case of the appellant herein is that he

got down from the vehicle, whereas the three accused referred to

supra remained inside the vehicle, in which Chaina ram was

present. Be that as it may. We do not feel that this circumstance

provides any significant distinction in the case of the appellant and

the three co-accused persons, who have been released on bail by

this court vide order dated 15.03.2022. Hence, the appellant also

deserves indulgence of bail in this case.

Accordingly, the application for suspension of sentence

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

sentence passed by the learned Additional Sessions Judge No.6,

Jodhpur Metropolitan vide judgment dated 12.11.2021 in Sessions

Case No.14/2014 against the appellant-applicant Om Prakash

Vishnoi S/o Rana 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 13.05.2022 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

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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.

(RAMESHWAR VYAS),J (SANDEEP MEHTA),J 66-Pramod/-

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