Mahiram vs State Of Rajasthan
2022 Latest Caselaw 14468 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1094/2022

IN

S.B. Criminal Appeal No.1813/2022

Mahiram S/o Sh. Udaram, Aged About 24 Years, B/c Bishnoi R/o Chandranagar Ps Lohawat Dist. Jodhpur Raj. (Presently Confined In Central Jail Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Sanjay Bishnoi For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

08/12/2022

Heard learned counsel for the appellants and learned public

prosecutor on application of suspension of sentence.

Learned counsel for the appellant submits that no offence under

Section 308 of the IPC is made out as there is nothing on record which

shows that the injuries allegedly received by the victim would prove

fatal if he had died and his death would amount to culpable homicide

not amounting to murder. He further submits that the PW-12 Medical

Officer, who examined during the trial states that injuries received by

the victim may be sustained in accident. Therefore, learned counsel for

the appellant submits that the sentence awarded to the accused-

appellant may be suspended as the hearing of the appeal will take long

time.

(2 of 3) [SOSA-1094/2022]

Learned Public Prosecutor vehemently opposed the prayer made

by the learned counsel for the accused-appellant.

Upon a consideration of the arguments advanced on behalf of the

appellant 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

sentence awarded to the accused appellant.

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 Addl. Distt. Judge, Phalodi Distt. Jodhpur vide

judgment dated 05.11.2022 in Sessions Case No.26/2015 against the

appellant-applicant Mahiram S/o Sh. Udaram 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction

of the learned trial Judge for his appearance in this court on

09.01.2023 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.

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

(3 of 3) [SOSA-1094/2022]

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 99-Anshul/-

Powered by TCPDF (www.tcpdf.org)