Jayanti Lal vs State Of Rajasthan
2022 Latest Caselaw 10713 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 438/2022

Jayanti Lal S/o Shri Mukesh Kharadi, Aged About 28 Years, B/c Kharadi, R/o Bilpan Fala, Gundikuwan, Police Station Bichhiwara, District Dungarpur. (Lodged At Dist. Jail, Dungarpur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Manoj Kumar Pareek For Respondent(s) : Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment / Order

22/08/2022

Heard learned counsel for the parties, perused the

impugned judgment as well as the record.

Learned counsel for the appellant has argued that

the trial court has grossly erred in convicting and

sentencing the appellant by the impugned judgment. It is

further argued that there were as many as ten accused

persons and the trial court has specifically observed that

the prosecution has failed to prove beyond doubt the

allegation that the accused persons had stopped the

complainant party while they were cultivating their fields

(2 of 4) [SOSA-438/2022]

and with the common intention had inflicted injuries on

the body of the deceased, which resulted into his death.

Learned counsel for the appellant has also submitted that

when the trial court has come to the conclusion that the

prosecution has failed to prove charges levelled against

all the accused, it is wrong on its part to convict the

appellant only. It is further submitted that the place of

occurrence is disbelieved by the trial court and, in such

circumstances, it is clear that the prosecution has failed

to prove involvement of the appellant in the commission

of crime. It is also submitted that so far as recovery of

the sword at the instance of the appellant is concerned,

the same is doubtful. Learned counsel has further

submitted that the appellant is in jail since 07.07.2015

and, as such, he has suffered incarceration of more than

seven years and hearing of the appeal is likely to take

time.

Learned Public Prosecutor has opposed the

application for suspension of sentence.

Having considered the overall facts and

circumstances of the case and substantial grounds taken

in the appeal, we are of the opinion that there are strong

grounds for challenging the judgment of conviction and

as hearing of the appeal is likely to take time, this Court

(3 of 4) [SOSA-438/2022]

is inclined to suspend the sentences awarded to the

appellant.

Accordingly, this application for suspension of

sentences is allowed and it is directed that the sentences

awarded to appellant - Jayanti Lal S/o Shri Mukesh

Kharadi by the Addl. Sessions Judge, Dungarpur by

judgment dated 9.5.2022 in Sessions Case No.10/2020

shall remain suspended till final disposal of the aforesaid

appeal provided he executes a personal bond for a sum

of Rs.50,000/- along with two solvent sureties in the sum

of Rs.25,000/- each to the satisfaction of the learned trial

court for his/her/their appearance before this Court on

27.9.2022 and whenever called upon 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(s) to the trial court.

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

(4 of 4) [SOSA-438/2022]

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.

(UMA SHANKER VYAS),J (VIJAY BISHNOI),J

26-msrathore/-

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