Rajasthan High Court - Jodhpur
Devi Lal @ Deva vs State Of Rajasthan on 20 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 340/2022
1. Devi Lal @ Deva S/o Bhanja Rawat, Aged About 28 Years,
R/o Faladol, Police Station Bhinder, District Udaipur (Raj.)
(Lodged At Central Jail, Udaipur)
2. Madhu S/o Roda Rawat, Aged About 35 Years, R/o
Faladol, Police Station Bhinder, District Udaipur (Raj.)
(Lodged At Central Jail, Udaipur)
3. Roopa @ Rooplal S/o Mana Rawat, Aged About 35 Years,
R/o Faladol, Police Station Bhinder, District Udaipur (Raj.)
(Lodged At Central Jail, Udaipur)
4. Roda S/o Mana Rawat, Aged About 60 Years, R/o Faladol,
Police Station Bhinder, District Udaipur (Raj.) (Lodged At
Central Jail, Udaipur)
5. Lalu Ram S/o Roda Rawat, Aged About 30 Years, R/o
Faladol, Police Station Bhinder, District Udaipur (Raj.)
(Lodged At Central Jail, Udaipur)
6. Amrit Lal S/o Medha Rawat, Aged About 31 Years, R/o
Faladol, Police Station Bhinder, District Udaipur (Raj.)
(Lodged At Central Jail, Udaipur)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Deepak Menaria.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/07/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
respondent -State. Hence, notice need not be issued.
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(2 of 3) [CRLAS-340/2022]
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.253/2022.
Learned counsel for the appellants has drawn the attention
of this Court towards the PW-12 Bheru Lal and PW-17 Bhanwar Lal
as well as injury reports, which are Exhibit-17 and Exhibit-18.
Learned counsel for the appellants submits that the main
injury of sword, which was extremely aggravated attack, was
attributed to Devi Lal.
Learned Public Prosecutor has opposed the application but is
unable to refute the aforesaid submissions.
This Court finds that the present suspension of sentence
application excludes Devi Lal.
Having considered the totality of facts and circumstances of
the case, this Court considers it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal)
No.253/2022 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.47/2017
(CIS No.80/2017) against appellants (1) Madhu S/o Roda
Rawat, (2) Roopa @ Rooplal S/o Mana Rawat, (3) Roda S/o
Mana Rawat, (4) Lalu Ram S/o Roda Rawat and (5) Amrit
Lal S/o Medha Rawat shall remain suspended till final disposal
of the aforesaid appeal, provided each of them execute 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 22.08.2022 and whenever ordered to
do so, till the disposal of the appeal on the conditions indicated
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(3 of 3) [CRLAS-340/2022]
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.
(DR.PUSHPENDRA SINGH BHATI), J.
1-/Jitender/Nirmala/-
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