Rajasthan High Court - Jodhpur
Kanhaiyalal vs State Of Rajasthan on 18 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 699/2022
Kanhaiyalal S/o Shri Heeralal, Aged About 44 Years, R/o Ketu
Kallan, P.s. Shergarh, District Jodhpur (Raj.) (At Present Lodged
In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajesh Panwar Sr. Advocate
assisted by Mr. Ayush Gehlot
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/08/2022
Learned counsel for the appellant submits that the allegation
of dowry demand against the present petitioner is one month after
the marriage and the suicide was committed after four years
elapsed and thus, does not fall within the domain of just before,
which is the necessary ingredients of Section 304-B of IPC. It is
also contended that the petitioner is in custody since last about 10
months.
Learned Public Prosecutor opposes the suspension of
sentence application.
On being asked, learned Public Prosecutor submits that as
per the investigating officer, the petitioner-husband was not
present on the same day, as he had gone to give an exam on the
day when suicide was committed. The complainant's brother-
Gopal also reiterates the same story.
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This Court, on consideration of the fact that the just before
part of the prosecution is a gray area and also looking to the fact
that the petitioner himself was not in the town at the time when
the suicide is committed, 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-appellant.
Accordingly, the present Suspension of Sentence application
is allowed and it is ordered that the substantive sentence passed
by the trial court vide judgment dated 14.06.2022 in Session Case
No.72/2015 against appellant- Kanhaiyalal S/o Shri Heeralal
shall remain suspended till final disposal of the aforesaid appeal,
provided he 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 his appearance in this Court on
20.09.2022 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, they 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
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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 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.
126-Sudheer/-
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