Babu Lal vs State Of Rajasthan
2022 Latest Caselaw 10609 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 63/2022

Babu Lal S/o Bhima Ram, Aged About 51 Years, Dhakadi, P.s. Shivpura, Dist. Pali. (At Present Confined In Central Jail, Jodhpur).

                                                                  ----Applicant
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Applicant(s)         :     Mr. Tarun Dhaka
For Respondent(s)        :     Mr. B.R. Bishnoi, P.P.



             HON'BLE MR. JUSTICE VIJAY BISHNOI
               HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

17/08/2022

Heard learned counsel for the accused-applicant and learned Public Prosecutor on the application for suspension of sentence.

The first application for suspension of sentence preferred on behalf of the accused-applicant was dismissed on 30.07.2018 as not pressed.

Learned counsel for the accused-applicant has submitted that the trial court has grossly erred in convicting and sentencing the accused-applicant for the offence punishable under Section 302 I.P.C.

Learned counsel has submitted that from the evidence produced by the prosecution, it is clear that there was no preparation on the part of the accused-applicant to commit crime. It is further submitted that the case of the accused-applicant does not travel beyond Section 304 I.P.C. as the incident has taken place suddenly on a trivial issue. It is also submitted that the accused-applicant is in custody from last more than 7 years as he

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is in jail since 7th February, 2015. It is further submitted that the appeal filed by the accused-applicant is likely to take time for final hearing, therefore, the application for suspension of sentence preferred on behalf of the accused-applicant Babu Lal may kindly be granted.

Per contra, learned Public Prosecutor has opposed the application for suspension of sentence.

Having heard learned counsel for the parties, carefully scrutinizing the record and taking into consideration the custody period of the petitioner, we deem it appropriate to allow this application for suspension of sentence.

Upon a consideration of the arguments advanced on behalf of the accused-applicant and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused applicant.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge, Sojat District Pali, vide judgment dated 15.12.2015 in Sessions Case No.07/2015 against the accused-applicant Babu Lal S/o Bhima 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.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 29.09.2022 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/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(s), they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/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 applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

                                   (FARJAND ALI),J                                           (VIJAY BISHNOI),J


                                    18-Babulal/-









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