Rajasthan High Court - Jodhpur
Lalaram vs State Of Rajasthan on 2 February, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 854/2021
Lalaram S/o Choupaji, Aged About 50 Years, R/o Khadra Fali
Aradwa, Police Station Nana, District Pali.
Vagta Ram @ Vetaram S/o Sawaram, aged about 24 years, R/o
Malwa Chouraha, Police Station Bekariya, District Udaipur
(Presently Lodged At Central Jail, Jodhpur)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bharat Shrimali, through VC
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
02/02/2022
Heard learned counsel for the appellants-applicants and
learned Public Prosecutor on application for suspension of sentence.
The instant application for suspension of sentences has been
preferred on behalf of the appellant-applicants Lalaram S/o
Choupaji and Vagta Ram @ Vetaram S/o Sawaram, who have
been convicted and sentenced vide the judgment dated
15.11.2021 passed by the learned Additional Sessions Judge, Bali
District Pali in Sessions Case No.02/2015 as below:-
Offences Sentences Fine Fine default
sentences
307/34 IPC 5 years RI Rs.10,000/- Six Months' SI
324/34 IPC Two Years' SI Rs.1,000/- Seven days' SI
(2 of 3) [SOSA-854/2021]
323 IPC - Rs.500/- Seven days' SI
341 IPC One month's SI Rs.500/- Seven days' SI
All the sentences were ordered to run concurrently.
Learned counsel for the appellants-applicants submits that
there is no evidence on record to prove that the applicants had
caused any sharp weapon injury on the person of the injured-
Moolaram. He further submits that no sharp weapons have been
recovered at the instance of the applicants. He further submits that
there are contradictions in the statements of the prosecution
witnesses, therefore, the sentences awarded to them may be
suspended during the pendency of the appeal.
Upon a consideration of the arguments advanced on behalf of
the appellant and having regard to the facts and circumstances of
the case and the fact that they have not caused any sharp edged
injury to the injured Moolaram and no sharp weapon has been
recovered at their instances, thus, this Court is of the opinion that it
is a fit case for suspending the sentences awarded to the accused
appellants.
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 Additional Sessions Judge, Bali
District Pali, vide judgment dated 15.11.2021 in Sessions Case
No.02/2015 against the appellant-applicants Lalaram S/o Choupaji
and Vagta Ram @ Vetaram S/o Sawaram, shall remain suspended
till final disposal of the aforesaid appeal and they shall be released
on bail, provided each of them 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 their appearance in this
(3 of 3) [SOSA-854/2021]
court on 04.03..2022 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
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.
(VINOD KUMAR BHARWANI),J
62-Mamta/-
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