Ratnaram vs State Of Rajasthan
2022 Latest Caselaw 2426 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 709/2021

1. Ratnaram S/o Sh. Kachhabram, Aged About 38 Years, R/o Birani, P.s. Bhopalgarh, Dist. Jodhpur (Raj.). (Presently Lodged In Central Jail, Jodhpur).

2. Punaram S/o Sh. Manglaram, Aged About 64 Years, R/o Birani, P.s. Bhopalgarh, Dist. Jodhpur (Raj.). (Presently Lodged In Central Jail, Jodhpur).

3. Ghewar Ram S/o Sh. Punaram, Aged About 43 Years, R/o Birani, P.s. Bhopalgarh, Dist. Jodhpur (Raj.). (Presently Lodged In Central Jail, Jodhpur).

----Petitioners Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Vineet Jain, Sr. Advocate with Mr. Rajeev Bishnoi.

For Respondent(s) : Mr. B.R. Bishnoi, AGC.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MS. JUSTICE REKHA BORANA

Order

10/02/2022

The appellants applicants herein have been convicted and

sentenced as below vide judgment dated 30.09.2021 passed by

the learned Additional Sessions Judge, District Jodhpur in Sessions

Case No.137/2015 (C.I.S. No.454/2014):

Offences Sentences Fine Fine Default sentences Ratnaram, Punaram & Ghewar Ram Section 147 IPC 1 Year's R.I. Rs.500/- 15 Day's Additional Imprisonment Section 302/149 Life Rs.5,000/- 6 Months' IPC Imprisonment Additional Imprisonment

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Ratnaram & Punaram Section 323 IPC 6 Months' R.I. Rs.250/- 7 Days' Additional Imprisonment

Learned Public Prosecutor has filed reply to the application

for suspension of sentences.

We have heard and considered the submissions advanced by

the appellants' counsel and the learned Public Prosecutor and have

gone through the impugned Judgment as well as the record.

As per the admitted case of the prosecution, the fatal injuries

to the deceased Omprakash Gupta were caused by collision of the

Pick-up vehicle No.RJ-19-1G-3795 which was being driven by the

accused Malaram. As per the evidence of the material prosecution

witnesses Barjudi, mother of Malaram and Bhajanlal, brother of

Malaram, were also present in the Pick-up vehicle. However, these

two persons were acquitted by the trial court by the impugned

Judgment dated 30.09.2021. So far as the appellants-applicants

are concerned, the highest allegation of the material prosecution

witnesses is that they called Malaram at the spot; caught hold of

the witnesses and hurled exhortations whereafter, Malaram drove

the Pick-up vehicle over Omprakash Gupta. The allegation

regarding the vehicle having been driven over Omprakash has not

been corroborated by the Medical Jurist Dr. Santosh Kumar (PW-

19) who stated that there was no crush injury on the body of the

deceased indicating running over by the vehicle. The appellants

were on bail during the course of trial. They did not misuse the

liberty of bail so granted to them.

In this background, we are of the view that the appellants-

applicants have available to them valid and substantial grounds for

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assailing the impugned Judgment. Hearing of the appeal is

unlikely in the near future.

In this view of the matter and, having regard to the facts

and circumstance as available on record, it is considered just and

proper to suspend the sentences awarded to the appellants-

appellants, during pendency of the appeal.

Accordingly, the instant application for suspension of

sentences filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by the Additional Sessions

Judge, District Jodhpur, vide judgment dated 30.09.2021 in

Sessions Case No.137/2015 (C.I.S. No.454/2014) against the

appellants-applicants (i) Ratnaram, (ii) Punaram and (iii)

Ghewar Ram, 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 court on 14.03.2022 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

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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.

                                   (REKHA BORANA),J                                       (SANDEEP MEHTA),J


                                    35-Tikam/-









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