Rajasthan High Court - Jodhpur
Thakra Ram vs State Of Rajasthan on 8 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-828/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 828/2022
1. Thakra Ram S/o Poora Ram, Aged About 36 Years, R/o
Deora Jhab Ps Dist. Jalore (Confined In Dist. Jail Jalore)
2. Narana Ram S/o Mala Ram, Aged About 28 Years, R/o
Deora Jhab Ps Dist. Jalore (Confined In Dist. Jail Jalore)
3. Rama Ram S/o Mala Ram, Aged About 30 Years, R/o
Deora Jhab Ps Dist. Jalore (Confined In Dist. Jail Jalore)
----Appellants
Versus
State Of Rajasthan.
----Respondent
For Appellant(s) : Mr. Teja Ram
For Respondent(s) : Mr. Abhishek Purohit, Addl.G.A.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/07/2022
Admit.
Since the learned Public Prosecutor already appearing on
behalf of respondent-State, accepts notice on behalf of the
respondent No.1-State.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.509/2022.
Learned counsel for the appellants submits that a
compromise has been arrived at between the parties. Learned
counsel further submits that the crucial witnesses became hostile
and weapon in question i.e. axe was not recovered.
Learned Public Prosecutor opposes the suspension of
sentence application, but fairly submits that the compromise to
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the extent of Section 323 IPC was accepted by the learned trial
court.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused appellants.
Accordingly, S.B. Suspension of Sentence (Appeal)
No.509/2022 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 31.05.2022 in Sessions Case No.13/2020
(155/11) against appellants (1) Thakra Ram S/o Poora Ram,
(2) Narana Ram S/o Mala Ram and (3) Rama Ram S/o Mala
Ram 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 sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
Court on 10.08.2022 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
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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.
(DR.PUSHPENDRA SINGH BHATI), J.
4-Zeeshan
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