Rajasthan High Court - Jodhpur
Jitendra Kumar vs State Of Rajasthan on 4 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1180/2022
Choutha Ram S/o Shri Himtaji Mali, Aged About 52 Years, R/o
Jalor Raj. (Presently Lodged At Dist. Jail Jalor)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Appeal (Sb) No. 1136/2022
1. Uji Devi W/o Sh. Ganeshram, Aged About 47 Years, B/c Mali,
R/o Shastri Nagar Dist. Jalore (Raj.). (Presently Lodged At
Dist. Jail, Jalore).
2. Sh. Ganeshram S/o Amraji Mali, Aged About 47 Years, B/c
Mali, R/o Shastri Nagar Dist. Jalore (Raj.). (Presently Lodged
At Central Jail, Jodhpur).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Appeal (Sb) No. 1179/2022
1. Jitendra Kumar S/o Mangilal Mali, Aged About 30 Years, R/o
Rajendra Nagar Jalore Dist. Jalore (At Present Lodged In
Central Jail Jodhpur)
2. Mangilal S/o Danaji Mali, Aged About 53 Years, R/o Rajendra
Nagar Jalore Dist. Jalore (At Present Lodged In Central Jail
Jodhpur)
3. Jitendra S/o Babulal Mali, Aged About 28 Years, R/o
Rajendra Nagar Jalore Dist. Jalore (At Present Lodged In
Central Jail Jodhpur)
4. Dilip Kumar S/o Kesrimal Sen, Aged About 30 Years, R/o
Ganesh Nagar Jalore Dist. Jalore (At Present Lodged In
Central Jail Jodhpur)
5. Devraj S/o Taraji Mali, Aged About 25 Years, R/o Ramdev
Colony Jalore Dist. Jalore (At Present Lodged In Central Jail
Jodhpur)
6. Premaram @ Prempal S/o Omprakash, Aged About 30 Years,
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R/o Jaswantpura Ps Gachhipura Dist. Nagaur (At Present
Lodged In Central Jail Jodhpur)
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Bharat Kumar S/o Chunilal, B/c Meghawal R/o Rilayans
Pentrol Pump Bagra Road Jolore Ps Jalore
----Respondents
For Appellant(s) : Mr. Dhirendra Singh, Sr. Adv. assisted
by Mr. Jagdish Singh
Mr. Mahaveer Bishnoi
Mr. Sanjay Bishnoi
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/08/2022
Admit.
Heard learned counsel for the parties on S.B. Suspension
of Sentence Applications (Appeal) No.669/2022, 639/2022
& 668/2022.
Learned counsel for the appellants have taken this Court
towards the statement rendered by PW-5 Dr. Ramesh Chandra
Chouhan, in which, he has categorically deposed that all the
injuries are simple in nature.
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 appellants.
Accordingly, S.B. Suspension of Sentence Applications
(Appeal) No.669/2022, 639/2022 & 668/2022 filed under
Section 389 Cr.P.C. are allowed and it is ordered that the
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substantive sentence passed by the trial court vide judgment
dated 16.07.2022 in Sessions Case No.67/2019 (CIS No.59/2014)
against appellants (1) Choutha Ram S/o Shri Himtaji Mali, (2)
Uji Devi W/o Sh. Ganeshram, (3) Sh. Ganeshram S/o
Amraji Mali, (4) Jitendra Kumar S/o Mangilal Mali, (5) Dilip
Kumar S/o Kesrimal Sen and (6) Premaram @ Prempal S/o
Omprakash shall remain suspended till final disposal of the
aforesaid appeal, provided each of them execute a personal bond
in a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to
the satisfaction of the learned trial Judge for their appearance in
this Court on 06.09.2022 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants changes the place of
residence, they will give in writing 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,
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-appellants in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-appellants were tried and convicted. A copy of this order
shall also be placed in that file for ready reference. Criminal Misc.
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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 appellants do 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.
159-161 Zeeshan
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