Rajasthan High Court - Jodhpur
Ashok Kumar vs State Of Rajasthan on 1 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 4) [CRLAS-257/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 257/2022
1. Mahendra S/o Sh. Sohan Lal, Aged About 28 Years, R/o
Bavariyo Ka Bas, Manpura Bhakari, Pali (At Present
Lodged In Central Jail, Jodhpur).
2. Smt. Narangi Devi W/o Sh. Madan Lal, Aged About 41
Years, Bhato Ka Bas, Mastan Baba, Pali. (At Present
Lodged In Central Jail, Jodhpur).
3. Smt. Prem Devi W/o Sh. Ghisu Lal, Aged About 45 Years,
Near Jogmaya Mandir, Manpura Bhakari, Pali. (At Present
Lodged In Central Jail, Jodhpur).
4. Smt. Dariya Devi W/o Sohan Lal, Aged About 47 Years,
Manpura Bhakari, Pali. (At Present Lodged In Central Jail,
Jodhpur).
----Appellants
Versus
State Of Rajasthan
----Respondent
Connected With
S.B. Criminal Appeal (Sb) No. 634/2022
Ashok Kumar S/o Ramlal, Aged About 28 Years, B/c Bhat, R/o
Bhato Ka Bass, Mastan Baba, Pali.
----Appellant
Versus
1. State Of Rajasthan
2. Smt. Narangi Devi W/o Madanlal, R/o Bhato Ka Bass,
Mastan Baba, Pali.
3. Manak S/o Ghisulal, R/o Jogmaya Mandir, Manpura
Bhakri, Pali.
4. Mahendra S/o Sohanlal, R/o Durga Colony, Manpura
Bhakri, Pali.
5. Mahendra S/o Dungerji, R/o Bavriyo Ka Bass, Manpura
Bhakri, Pali.
6. Kailash S/o Bhagaram, R/o Bavriyo Ka Bass, Manpura
Bhakri, Pali.
7. Dhalaram S/o Motiram, R/o Near Jogmaya Mandir,
Manpura Bhakri, Pali.
(Downloaded on 02/07/2022 at 08:36:38 PM)
(2 of 4) [CRLAS-257/2022]
8. Sukhdev @ Takla @ Sukharam S/o Sohanlal, R/o Manpura
Bhakri, Pali.
9. Smt. Dariya Devi W/o Sohanlal, R/o Manpura Bhakri, Pali.
----Respondents
For Appellant(s) : Mr. Rajendra Singh Chouhan
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. Narendra Singh Rajpurohit
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/07/2022
S.B. Criminal Appeal No. 257/2022:
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.212/2022.
Learned counsel for the appellants submits that though three
ladies (the present appellants) for whom the suspension of
sentence application has been moved are alleged to be present on
the site and omnibus allegation are against them, but the
witnesses have attributed the main injuries to Mahendra, who is
the main accused in the present case.
Learned counsel for the appellants further submits that upon
reading of the statement rendered by PW-2, Dhadhu Devi, it
comes clear that there was no previous animosity between the
parties in question and though the allegation was made on large
number of persons, which changed frequently during investigation
(Downloaded on 02/07/2022 at 08:36:38 PM)
(3 of 4) [CRLAS-257/2022]
but the name of Mahendra was consistent as the main assailant.
Learned counsel also submits that the appellants were on bail
during trial.
Learned Public Prosecutor as well as learned counsel for the
complainant, while assisting the Court, have also submitted that it
was consistently Mahendra, who has been attributed with the
main allegation of causing death and though the appellants were
present, no specific injury, which would have caused death of Ram
Lal, has been attributed to the ladies.
This Court, after carefully perusing the statements rendered
by PW-2 Dhadhu Devi and PW-3 Ashok Kumar, finds that the
omnibus allegations against the present appellants are put the
case against them in a shadow of doubt. The principal assailant as
per the record and as per the submissions made by learned
counsel for both the parties is Mahendra.
This Court, taking into account the fact that the appellants
are all ladies, who are between the age group of 40-50 years, is
inclined suspend the substantive sentence awarded to the accused
applicant-appellants.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
212/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 05.03.2022 in Sessions Case No.167/2015
(34/2015) against appellants- (1) Smt. Narangi Devi W/o Sh.
Madan Lal, (2) Smt. Prem Devi W/o Sh. Ghisu Lal and (3)
Smt. Dariya Devi W/o Sohan Lal shall remain suspended till
final disposal of the aforesaid appeal, provided each of them
executes a personal bond in a sum of Rs.50,000/- with two
(Downloaded on 02/07/2022 at 08:36:38 PM)
(4 of 4) [CRLAS-257/2022]
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for their appearance in this court on 01.08.2022 and
whenever ordered to do so, till the disposal of the appeal on the
conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants changes the place of
residence, they will give in writing 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,
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-appellants in a separate file. Such file be registered
as Criminal misc. Case related to original case in which the
accused-appellants 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 appellants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
In S.B. Criminal Appeal No. 634/2022:-
Admit.
List in due course.
(DR.PUSHPENDRA SINGH BHATI), J.
1-2 Zeeshan
Powered by TCPDF (www.tcpdf.org)
