Rajasthan High Court - Jodhpur
Pramod Kumar vs State Of Rajasthan on 21 July, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 196/2021
Pramod Kumar S/o Sh. Sahab Ram, Aged About 27 Years, B/c
Jat, R/o Bharwana, Tehsil Bhadra Dist. Hanumangarh (Raj.). (At
Present Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. R.K. Bohra
For Respondent(s) : Mr. R.R. Chhaparwal, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
21/07/2022
The instant application for suspension of sentence
under Section 389 CrPC has been preferred on behalf of the
appellant-applicant Pramod Kumar S/o Sahab Ram, who has been
convicted and sentenced as below vide the judgment dated
22.04.2016 passed by the learned Additional Sessions Judge,
Bhadra, District Hanumangarh in Sessions Case No.23/2014.
Offence for Sentence, fine and default sentence
which convicted awarded
Section 302/34 Life imprisonment alongwith a fine of
IPC Rs.10,000/- and in default of payment of fine,
further to undergo rigorous imprisonment of six
months
Section 120-B IPC Rigorous imprisonment of 10 years alongwith a
fine of Rs.2000/- and in default of payment of
fine, further to undergo rigorous imprisonment
of three months
Section 364 IPC Rigorous imprisonment of 10 years alongwith a
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fine of Rs.2000/- and in default of payment of
fine, further to undergo rigorous imprisonment
of three months
Section 364-A IPC Rigorous imprisonment of 14 years alongwith a
fine of Rs.5000/- and in default of payment of
fine, further to undergo rigorous imprisonment
of six months
Section 201 IPC Rigorous imprisonment of 3 years alongwith a
fine of Rs.1000/- and in default of payment of
fine, further to undergo rigorous imprisonment
of one month
We have heard and considered the submissions
advanced by the learned counsel representing the appellant-
applicant and the learned Public Prosecutor. Perused the material
available on record.
The first application for suspension of sentences
preferred by the appellant-applicant for suspension of sentences
was rejected by this court vide order dated 26.07.2019. Now this
second application has been moved primarily on medical grounds
with the averment that the appellant herein is suffering from bone
marrow deficiency/cancer and proper treatment cannot be
provided to the appellant while he is lodged in prison. The
appellant herein is in custody in the present case since March
2014.
The learned Public Prosecutor has submitted a medical
report of the appellant, as per which, the appellant is suffering
from Aplastic Anemia. He is being provided treatment for this
ailment since the year 2016. Presently he is being provided
treatment at the Oncology Department at the SMS Hospital,
Jaipur. However, it cannot be denied that proper treatment for
this life threatening ailment cannot be administered to the
appellant while he is incarcerated in prison. Thus, the instant
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application for suspension of sentences deserves to be accepted
purely on medical grounds.
Accordingly, the application for suspension of sentence
filed under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge,
Bhadra, District Hanumangarh vide judgment dated 22.04.2016 in
Sessions Case No.23/2014 against the appellant-applicant Pramod
Kumar S/o Sahab Ram shall remain suspended till final disposal of
the aforesaid appeal and he shall be released on bail, provided he
executes a personal bond in the sum of Rs.1,00,000/- with two
sureties in the like amount each to the satisfaction of the learned
trial Judge for his appearance in this court on 24.08.2022 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 applicant changes the place of
residence, he 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(s),
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-applicant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant 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 applicant does not appear before the trial
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court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
28-prashant/-
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