Rajasthan High Court - Jodhpur
Harishankar vs State Of Rajasthan on 13 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 390/2022
1. Harishankar S/o Premshankar, Aged About 45 Years, R/o
Ubara Fala Gogunda, Distt. Udaipur (Raj.) (At Present
Lodged In Central Jail, Udaipur)
2. Krishn Gopal S/o Mohanlal, Aged About 34 Years, R/o
Gogunda, Distt. Udaipur (Raj.) (At Present Lodged In
Central Jail, Udaipur)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. R.K. Charan
Mr. Rajendra Singh Rajpurohit
Mr. Ripudaman Singh
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/07/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on application seeking
suspension of sentence no.294/2022.
After arguing substantially for some time, counsel for
appellant no.1 does not want to press the application to the extent
of Harishankar but seeks seeks liberty to file afresh at an
appropriate stage.
The application for suspension of sentence, thus, to the
extent it relates to appellant no.1 Harishankar is dismissed as
not pressed with the aforesaid liberty.
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(2 of 3) [CRLAS-390/2022]
So far as appellant no.2 Krishan Gopal is concerned, Mr. RK
Charan, counsel for appellant no.2 Krishan Gopal, submits that
from reading of statement of crucial witness PW-11 Mohini Bai, it
is clear that acid was poured by Harishankar and all injuries are
attributed to him only whereas Mahesh & Gopal respectively
simply caught hold of victim from back and legs respectively.
Charge-sheet was not filed against Mahesh.
Learned PP opposed the application.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant- Krishn
Gopal.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Krishn Gopal S/o Mohanlal by the learned
Sessions Judge, SC/ST (Prevention of Atrocities Act Cases),
Udaipur vide judgment dated 06.04.2022 in Sessions Case
No.32/17 shall remain suspended till final disposal of aforesaid
appeal provided he executes a personal bond for a sum of
Rs.50,000/- alongwith two solvent sureties in the sum of
Rs.25,000/- each to the satisfaction of learned trial court for his
appearance before this Court on 25.08.2022 and whenever called
upon to do so till the disposal of the appeal on the conditions
inidcated 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.
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(3 of 3) [CRLAS-390/2022]
(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(s) 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
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.
(DR.PUSHPENDRA SINGH BHATI), J.
49-nirmala/Sanjay-
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