Rajasthan High Court - Jodhpur
Dilip @ Deepu vs State Of Rajasthan on 4 August, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-893/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 893/2022
1. Dilip @ Deepu S/o Mandu, Aged About 34 Years,
Mungana, Navatapra, P.s. Lohariya, Dist. Banswara.
(Presently Lodged In Dist. Jail, Banswara).
2. Gangu S/o Dhul Ji, Aged About 66 Years, Mungana,
Navatapra, P.s. Lohariya, Dist. Banswara. (Presently
Lodged In Dist. Jail, Banswara).
3. Lala S/o Dheera, Aged About 34 Years, Mungana,
Navatapra, P.s. Lohariya, Dist. Banswara. (Presently
Lodged In Dist. Jail, Banswara).
4. Gatu S/o Mandu, Aged About 36 Years, Mungana,
Navatapra, P.s. Lohariya, Dist. Banswara. (Presently
Lodged In Dist. Jail, Banswara).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rajesh Kumar.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/08/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
respondent -State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.544/2022
Learned counsel for the appellants has drawn attention of
this Court towards the statement rendered by Dr. Ravi Upadhyay
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as PW-16, who was a medical jurist at Mahatma Gandhi Hospital,
Banswara, who has narrated in the postmortem report that there
was no apparent injury on the body of the deceased and the
allegation also that he was beaten by blows were given by fist and
legs. Learned counsel further submits that the opinion of the
doctor is that the spleen of the deceased was ruptured inside,
which caused death.
Learned Public Prosecutor opposes the suspension of
sentence application.
This Court finds that the sudden altercation is writ large on
the face of the record and there is no injury caused by any kind of
weapon or tool.
Thus, 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 (Appeal)
No.544/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 03.06.2022 in Sessions Case No. 103/2016
(CIS No.125/2016) against appellants (1) Dilip @ Deepu S/o
Mandu, (2) Gangu S/o Dhul Ji, (3) Lala S/o Dheera & (4)
Gatu S/o Mandu shall remain suspended till final disposal of the
aforesaid appeal, provided each of them executes 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:-
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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.
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.
6-/Jitender/Nirmala/-
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