Rajasthan High Court - Jodhpur
Raman vs State Of Rajasthan on 19 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-533/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 533/2022
1. Raman S/o Dhula Damor, Aged About 28 Years, R/o Jhaljap
Fala Gutipura Ps Dhambola Dist. Dungarpur Raj. (At Present
Lodged In Central Jail Udaipur)
2. Ramesh S/o Abu Damor, aged about 23 years, R/o Jhaljap
Fala Gutipura PS Dhambola Dist. Dungarpur Raj. (At Present
Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Anuj Sahlot
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
19/07/2022
Learned counsel for the appellants points out that none of
the injuries are dangerous to life. He also points out that the
appellants were on bail during trial.
Learned counsel for the appellants has referred to the
statement of PW-11 Dr. Tarun Gupta.
Learned Public Prosecutor opposes the suspension of
sentence application.
This Court finds that the only injury which learned court
below has considered to be dangerous to life is the injury on the
head of Lala, which has been caused by Raman. The injury caused
by Ramesh is neither dangerous to life nor on vital parts.
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(2 of 3) [SOSA-533/2022]
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 applicant-Ramesh
and the suspension of sentence application of Raman is dismissed.
Accordingly, the present Suspension of Sentence application
is partly allowed and it is ordered that the substantive sentence
passed by the trial court vide judgment dated 01.06.2022 in
Session Case No.18/20 against appellant - Ramesh S/o Abu
Damor shall remain suspended till final disposal of the aforesaid
appeal, provided he 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 his appearance in this
Court on 22.08.2022 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 appellant changes the place of
residence, they 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,
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-appellant in a separate file. Such file be registered as
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(3 of 3) [SOSA-533/2022]
Criminal misc. Case related to original case in which the accused-
appellant 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 appellant 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.
131-Sudheer/-
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