Chuna Ram vs State Of Rajasthan
2022 Latest Caselaw 8548 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 459/2020

1. Chuna Ram S/o Shri Soma Ram, Aged About 36 Years, Resident Of Village Kaldarifali, Mandwara Khalsa, Police Station Swaroopganj District Sirohi. (At Present Lodged In District Jail, Sirohi)

2. Nona Ram @ Nana Ram S/o Shri Bagtaji, Aged About 38 Years, Resident Of Village Dodiyafali Isra, Police Station Swaroopganj District Sirohi. (At Present Lodged In District Jail, Sirohi)

----Petitioners Versus State Of Rajasthan, Through P.p.

                                                                   ----Respondent


For Petitioner(s)           :     Mr. Vikas Bijrania
For Respondent(s)           :     Mr. B.R. Bishnoi, PP



           HON'BLE MR. JUSTICE VIJAY BISHNOI
           HON'BLE MR. JUSTICE KULDEEP MATHUR

                                       Order

01/07/2022

Heard learned counsel for the parties on Suspension of

Sentence Application.

Learned counsel for the applicant-appellants has submitted

that learned trial court has grossly erred in convicting and

sentencing the applicant-appellants vide impugned judgment.

Learned counsel for the applicant-appellants has submitted that

the trial court has convicted the applicant-appellants for the

offence punishable under Section 302/34 of IPC only on the basis

of the so called last scene witness. It is also submitted that the

trial court has placed reliance on the evidence of Chunni (PW-12)

(2 of 4) [SOSA-459/2020]

and Ramesh (PW-19) and conclude that the applicant-appellants

were last seen with the deceased. It is submitted that as per their

statements they saw the deceased in the company of the

applicant-appellants on 11.12.2014, however, they did not disclose

this fact even at the time of filing of the complaint and at the time

of post-mortem, though the police were repeatedly questioning

them about the culprits. It is submitted that above referred

witnesses in their police statements have disclosed the fact of the

last seen of the appellants with the deceased only after seven day

of the incident. It is argued that in view of the above fact it is

clear that the last scene evidence is not reliable and is not

sufficient to prove the guilt of the applicant-appellants.

Learned counsel for the applicant-appellants further argued

that the trial court has relied upon the recovery of the blood stain

'lathi' at the instance of the applicant-appellants, however, the

said recovery is doubtful and can not be made sole basis for the

convicting the applicant-appellants.

Learned counsel for the applicant-appellants has also

submitted that applicant-appellants are in custody since

13.12.2014 and as such served out around 7 years of sentence,

however, there is no likelihood that the appeal filed by them heard

in near future.

Learned Public Prosecutor has opposed this suspension of

sentence application.

Having considered the totality of facts and circumstances of

the case, particularly the statement of last scene witnesses PW-12

and PW-19 and custody period of the applicant-appellants, we

(3 of 4) [SOSA-459/2020]

consider it just and proper to suspend the substantive sentence

awarded to the applicant-appellants.

Accordingly, Suspension of Sentence application 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 03.03.2020 in Sessions Case No.73/2015 against appellants

Chuna Ram S/o Shri Soma Ram and Nona Ram @ Nana Ram

S/o Shri Bagtaji shall remain suspended till final disposal of the

appeal filed by them, provided each of them executes a personal

bond in a 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 02.08.2022 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 applicant-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 applicant-appellants in a separate file. Such file be registered

(4 of 4) [SOSA-459/2020]

as Criminal misc. Case related to original case in which the

applicant-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.

                                   (KULDEEP MATHUR),J                                           (VIJAY BISHNOI),J
                                    14-Arun/-









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