Rajasthan High Court
Bajrang Lal S/O Shri Rodu vs State Of Rajasthan on 15 December, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 10635/2022
Bajrang Lal S/o Shri Rodu, Aged About 48 Years, R/o Village
Chausala, P.S. Arain, Tehsil Arain, District Ajmer.
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Devanshu Sharma
For Respondent(s) : Mr. Prashant Sharma-PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
15/12/2022
Counsel for the petitioner submits that vide order dated
04.12.2017, the petitioner as well as co-accused Bhimraj @
Bhiwanda were convicted for the offences punishable under
Sections 323, 393 read with Section 34 of IPC and they were
sentenced to undergo six months' rigorous imprisonment and fine
of Rs. 500/-. Counsel submits that against the said judgment, the
appeal was submitted before the Court of Additional Sessions
Judge No.2, Kishangarh (Ajmer) and the Appellate Court modified
the conviction and convicted both the accused for the offence
under Section 323 read with Section 34 of IPC and they were
granted benefit of probation under Section 4 of the Probation of
Offenders Act, 1958 (hereinafter referred to as "the Act of 1958")
and it was directed that if the accused persons furnish personal
bond of Rs. 5000/- within one month from the date of judgment of
the Appellate Court, their sentence shall remain suspended.
(2 of 3) [CRLMP-10635/2022]
Counsel submits that after spread of COVID-19, the said order
could not be complied within the stipulated time fixed by the
Appellate Court. In the meanwhile, time granted by the Appellate
Court expired. Counsel submits that under the similar
circumstances, the co-accused Bhimraj @ Bhiwanda approached
this Court by way of filing S.B. Criminal Misc. Petition No.
738/2022 and the same has been allowed by this Court vide order
dated 27.01.2022 with directions to furnish the bail bonds and
surety bonds within 15 days and he has been released under
Section 4 of the Act of 1958 as per the directions of the Appellate
court. Counsel submits that case of the present petitioner is at par
with the case of the co-accused Bhimraj @ Bhiwanda in whose
favour the order dated 27.01.2022 has been passed. Counsel
submits that under the facts and circumstances of the case, the
similar ordered may be passed in favour of the petitioner also.
Per contra, learned Public Prosecutor opposed the arguments
raised by counsel for the petitioner and submitted that the
petitioner has failed to comply with the directions issued by the
Appellate Court, hence he does not deserve any indulgence by this
Court.
Heard, considered the rival submissions made at the bar and
gone through the material available on record.
This fact is not in dispute that the petitioner as well as co-
accused Bhimraj were convicted by the trial Judge for the offences
punishable under Sections 323 and 393 IPC read with Section 34
of IPC and both were sentenced to undergo six months rigorous
imprisonment with a fine of Rs. 500/-. This fact is also not in
dispute that both the accused persons submitted two different
appeals before the Court of Additional Sessions Judge No.2-
(3 of 3) [CRLMP-10635/2022]
Kishangarh (Ajmer) and conviction and sentence of both the
accused were modified by the Appellate Court vide order dated
25.04.2019. They were granted the benefit of probation under
Section 4 of the Act of 1958. They were directed to furnish bail
bonds of Rs. 5000/- within one month and accordingly their
sentences were ordered to be suspended. Due to spread of
COVID -19, the aforesaid conditions could not be complied within
the time fixed by the Appellate Court. Under similar
circumstances, this Court has allowed the criminal misc. petition
No. 738/2022 submitted by the co-accused Bhimraj @ Bhiwanda
vide order dated 27.01.2022.
Instant petition is also allowed in the similar terms.
Accordingly, it is directed that if the petitioner furnishes bonds
and surety as directed by the Appellate court vide judgment dated
25.04.2019 within fifteen days from today in the concerned Court,
his sentence may be suspended and he may be released under
Section 4 of the Act of 1958 as per the terms of the Appellate
Court.
This criminal misc. petition as well as stay application also
stands disposed of.
Copy of this order be sent to the concerned Court for
information and necessary compliance.
(ANOOP KUMAR DHAND),J
Ashu/71
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