Deepa Ram vs State Of Rajasthan
2022 Latest Caselaw 14764 Raj

Citation : 2022 Latest Caselaw 14764 Raj
Judgement Date : 15 December, 2022

Rajasthan High Court - Jodhpur

Deepa Ram vs State Of Rajasthan on 15 December, 2022

Bench: Vijay Bishnoi, Manoj Kumar Garg

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 880/2022

Deepa Ram S/o Sh. Varada Ji, Aged About 52 Years, Vill. Harji, P.s. Ahore, Dist. Jalore. (Raj.). (Presently Lodged In Central Jail, Jodhpur).

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


For Petitioner(s)        :     Mr. S.S. Rathore
For Respondent(s)        :     Mr. Anil Joshi, GA-cum-AAG
                               assisted by Mr. Pallav Sharma



            HON'BLE MR. JUSTICE VIJAY BISHNOI
          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                    Order

15/12/2022

Heard learned counsel for the parties on the application for

suspension of sentence.

The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned Sessions Judge, Sirohi, vide judgment

dated 30.08.2022 in Sessions Case No.04/2014. The appellant-

applicant has been sentenced as under :-


Offence U/s   Sentence             Fine                 Sentence in default of
                                                        payment of fine
302 IPC        Life        Rs.10,000/-                          1 Years' S.I.
              Imprisonment





                                           (2 of 4)                [SOSA-880/2022]

Learned counsel for the appellant-applicant has submitted that

the trial court has grossly erred in convicting and sentencing the

appellant-applicant vide the impugned judgment. It is argued that

in the complaint filed by the complainant, appellant-applicant was

not named, however, the police has arrested him only on the basis

of doubt.

Learned counsel for the appellant-applicant has submitted

that the trial court has heavily placed reliance on the statements

of Sampat Lal (PW-11), Shanti Lal (PW-12) and Smt. Souram

(PW-16) while concluding that those witnesses have stated that

they have last seen the deceased in the company of the appellant-

applicant. It is further argued that the police has recorded

statements of the above referred witnesses after one month of the

incident. Learned counsel for the appellant-applicant has

submitted that though, the police has recovered clothes of the

appellant-applicant and concluded that A Group blood stains were

found on the same, but in the FSL as well as during the course of

investigation, the blood group of the deceased was not detected.

It is further submitted that the prosecution has failed to prove any

motive and, in such circumstances, it is clear that the appellant-

applicant has falsely been implicated in this case. It is further

submitted that the appellant-applicant was on bail during trial and

there is every possibility that the present appeal will not be finally

heard in near future.

Having considered the totality of facts and circumstances of

the case and after carefully scrutinizing the record of the case, we

consider it just and proper to suspend the substantive sentence

(3 of 4) [SOSA-880/2022]

awarded to the appellant-applicant.

Accordingly, the application for the Suspension of Sentence

filed under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by learned Sessions Judge, Sirohi

vide judgment dated 30.08.2022 in Sessions Case No.04/2014

against appellant-applicant Deepa Ram S/o Sh. Varada Ji shall

remain suspended till final disposal of the aforesaid appeal,

provided he executes a personal bond in the 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 16 th January,

2023 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, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.