Rajasthan High Court - Jodhpur
Shanti Lal vs State Of Rajasthan on 16 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1120/2022
1. Shanti Lal S/o Megh Ji, Aged About 42 Years, R/o Pipalda,
Police Station Pipalkhunt, District Pratapgarh (Raj.)
2. Raju S/o Shankar Lal, Aged About 30 Years, R/o Pipalda,
Police Station Pipalkhunt, District Pratapgarh (Raj.)
3. Banshi S/o Naku, Aged About 32 Years, R/o Pipalda,
Police Station Pipalkhunt, District Pratapgarh (Raj.)
4. Narayan S/o Kalu, Aged About 42 Years, R/o Pipalda,
Police Station Pipalkhunt, District Pratapgarh (Raj.)
5. Kalu S/o Bhog Ji, Aged About 70 Years, R/o Pipalda,
Police Station Pipalkhunt, District Pratapgarh (Raj.)
6. Laxman S/o Bariya, Aged About 45 Years, R/o Pipalda,
Police Station Pipalkhunt, District Pratapgarh (Raj.)
7. Nakuram S/o Bhanji, Aged About 40 Years, R/o Pipalda,
Police Station Pipalkhunt, District Pratapgarh (Raj.)
8. Shankar S/o Gautam, Aged About 45 Years, R/o Pipalda,
Police Station Pipalkhunt, District Pratapgarh (Raj.)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Vishan Das Vaishnav.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/08/2022
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.635/2022.
Learned counsel for the appellants has drawn attention of
this Court towards the evidence of PW-4, the sole injured witness,
(Downloaded on 16/08/2022 at 08:10:08 PM)
(2 of 3) [CRLAS-1120/2022]
who is a police personnel.
Learned counsel for the appellants has also drawn attention
of this Court to the exhibit P-4, which is the injury report. Learned
counsel further submits that the temporal injury was attributed to
Gautam, who has already expired.
Learned counsel for the appellants submits that there are no
other injury, which are dangerous to life, except injury No.4. In
the statement, the PW-4 has also deposed that there were 100-
150 persons and it was slightly difficult to recognize all. Learned
counsel, therefore, prays that the sentence of the appellants be
suspended during the pendency of the appeal.
Learned Public Prosecutor opposes 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 appellants.
Accordingly, S.B. Suspension of Sentence (Appeal)
No.635/2022 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 12.07.2022 in Sessions Case No.25/2012
(CIS No.1125/2014) against appellants (1) Shanti Lal S/o Megh
Ji, (2) Raju S/o Shankar Lal, (3) Banshi S/o Naku, (4)
Narayan S/o Kalu, (5) Kalu S/o Bhog Ji, (6) Laxman S/o
Bariya, (7) Nakuram S/o Bhanji & (8) Shankar S/o Gautam
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
(Downloaded on 16/08/2022 at 08:10:08 PM)
(3 of 3) [CRLAS-1120/2022]
Court on 16.09.2022 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.
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.
15-/Jitender/Nirmala
Powered by TCPDF (www.tcpdf.org)
