Rajasthan High Court - Jodhpur
Subhash Kumar vs State Of Rajasthan on 21 January, 2022
Bench: Sandeep Mehta, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 804/2021
Subhash Kumar S/o Shri Sohan Lal, Aged About 25 Years, R/o
Ward No. 7, Panditawali, Police Station Pilibanga, District
Hanumangarh (Raj.) (Presently Lodged At District Jail,
Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Manjeet Godara (through VC)
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
21/01/2022
The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 12.11.2021 passed by
learned Sessions Judge, Hanumangarh in Sessions Case
No.51/2016:
Offence Sentences Fine Fine Default
sentences
Sec. 302 IPC Life Imprisonment Rs.10,000/- 1 year and 6
months SI.
Sec. 450 IPC 3 years' SI Rs.10,000/- --
Both the sentences were ordered to run concurrently.
(2 of 4) [SOSA-804/2021]
Shri Godara, learned counsel representing the appellant has
preferred the instant application under Section 389 Cr.P.C. seeking
release of the appellant on bail during pendency of the appeal.
Learned Public Prosecutor has filed reply to the application
for SOS.
The prosecution came out with an allegation that the
appellant assaulted Smt. Bhagwanti, mother of the first informant
Shri Rakesh Kumar on 22.04.2016 and caused her a head injury
as a consequence whereof, she expired on 29.04.2016 while
undergoing treatment. A panchayat was convened wherein, the
appellant confessed to his guilt whereafter the FIR No.200/16
came to be registered at the Police Station Pilibanga on
01.05.2016.
The incident took place on 22.04.2016 whereas FIR came to
be registered after nine days i.e, on 01.05.2016. We find that no
effort to timely report the matter to the police was taken by the
members of the complainant party despite available opportunity.
Dr. Ajay Mishra, PW.9 and Dr. Sushil Kumar Aseri, PW.11 both
stated in their examination-in-chief that the injured was brought
the two Amba Hospital, Sriganganagar and J.C. Aseri Memorial
Hospital, Pilibanga on 22.04.2016. The attendants disclosed that
the lady had received the injury because of fall. Smt. Bhagwanti
expired on 29.04.2016. The family members took the body from
the hospital and cremated the same without any information
either to the police or any other authority. In this background, we
are of the opinion that the appellant has available to him strong
and plausible grounds for assailing the impugned judgment. He
was on bail during the course of appeal and did not misuse the
(3 of 4) [SOSA-804/2021]
liberty so granted to him. Hearing of the appeal is likely to
consume time.
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 learned Sessions Judge,
Hanumangarh vide judgment dated 12.11.2021 in Sessions Case
No.51/2016 against the appellant-applicant Subhash Kumar S/o
Shri Sohanlal 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.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 21.02.2022 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 applicant 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.
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 in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant was 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 does not appear before the trial
(4 of 4) [SOSA-804/2021]
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J
25-Sudhir Asopa/-
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