Rajasthan High Court - Jodhpur
Shyam Lal vs State Of Rajasthan on 27 April, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-364/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 364/2022
1. Shyam Lal S/o Narayan, Aged About 30 Years, B/c Gurjar,
R/o Chohali, P.s. Paroli, District Bhilwara. (At Present
Lodged In District Jail, Bhilwara)
2. Rameshwar S/o Narayan, Aged About 37 Years, B/c
Gurjar, R/o Chohali, P.s. Paroli, District Bhilwara. (At
Present Lodged In District Jail, Bhilwara)
3. Bheru S/o Narayan, Aged About 35 Years, B/c Gurjar, R/o
Chohali, P.s. Paroli, District Bhilwara. (At Present Lodged
In District Jail, Bhilwara)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Yogendra Singh Charan
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/04/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
respondent No.1-State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.272/2022.
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(2 of 3) [CRLAS-364/2022]
Learned counsel for the appellants submits that there was a
cross FIR bearing No.64 /2014 lodged on the same date i.e. on
28.04.2014. It is also contended that there was a free fight.
Learned counsel for the appellants further submits that the
nature of injuries inflicted is simple, though since axe was used
and two of the simple injuries were on the head, the learned trial
court has proceed to convict the appellants under Section 307 /34
read with Section 341, 323 & 447 of IPC.
Learned Public prosecutor opposes the suspension of
sentence application.
Looking to the simple injuries as well as the fact there was a
cross case where the appellants have also received number of
injuries, this Court is inclined to grant the suspension of sentence
application.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellants.
Accordingly, S.B. Criminal (Suspension of Sentence)
Application No. 272/2022 filed under Sec.389 Cr.P.C. is allowed
and it is ordered that the substantive sentence passed by learned
trial court vide judgment dated 05.04.2022 in Sessions Case
No.19/2019 against appellants- (1) Shyam Lal S/o Narayan,
(2) Rameshwar S/o Narayan, (3) Bheru S/o Narayan, shall
remain suspended till final disposal of the aforesaid appeal,
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
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(3 of 3) [CRLAS-364/2022]
27.05.2022 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 appellant 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,
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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant 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-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
152-Sudheer/-
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