Rajasthan High Court - Jodhpur
Bhikaram vs State Of Rajasthan on 27 June, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 710/2022
1. Bhikaram S/o Jalamji Gamar, Aged About 72 Years,
Nayaganv, P.s. Panarva, Udaipur (Raj.). (Presently Lodged
In Central Jail, Udaipur).
2. Manoharlal S/o Bhikaji Gamar, Aged About 37 Years,
Nayaganv, P.s. Panarva, Udaipur (Raj.). (Presently Lodged
In Central Jail, Udaipur).
3. Prabhulal S/o Bhikaji Gamar, Aged About 32 Years,
Nayaganv, P.s. Panarva, Udaipur (Raj.). (Presently Lodged
In Central Jail, Udaipur).
4. Kankulal S/o Pujaji Gamar, Aged About 34 Years,
Nayaganv, P.s. Panarva, Udaipur (Raj.). (Presently Lodged
In Central Jail, Udaipur).
5. Keshulal S/o Galaji Gamar, Aged About 44 Years,
Nayaganv, P.s. Panarva, Udaipur (Raj.). (Presently Lodged
In Central Jail, Udaipur).
6. Papiya @ Ramesh S/o Lalji Gamar, Aged About 37 Years,
Nayaganv, P.s. Panarva, Udaipur (Raj.). (Presently Lodged
In Central Jail, Udaipur).
7. Kishanlal S/o Lalaji Gamar, Aged About 42 Years,
Nayaganv, P.s. Panarva, Udaipur (Raj.). (Presently Lodged
In Central Jail, Udaipur).
8. Hindulal @ Hinduda S/o Chelaji Gamar, Aged About 37
Years, Nayaganv, P.s. Panarva, Udaipur (Raj.). (Presently
Lodged In Central Jail, Udaipur).
----Appellants
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
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27/06/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of the
State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.440/2022
After examining the record at length, this Court finds that as
per the statement rendered by PW-11, who is Dr. Mukesh Kumar
Garasiya and who with the help of the medical reports has
deposed injuries to the various persons of the complainant party.
On careful examination of the injuries, the injuries upon Dita
Ram are simple in nature, injuries No.1, 2 & 3 upon Banshi Lal are
grievous in nature, injury No.1 upon Naka Ram is dangerous to life
and injuries upon Gujri Bai and Khajuri Bai are simple in nature.
Further, on careful examination of the statement, particularly
of Banshi Lal who has suffered the grievous injuries as well as
Naka Ram, who has suffered the injury dangerous to life, it is
clear that the grievous injuries have been caused by one Prabhulal
and the injuries dangerous to life has been specifically attributed
to Hindulal @ Hinduda.
Learned Public Prosecutor as well as learned counsel for the
appellants both have assisted the Court to ascertain the
attribution from record regarding the injuries in question.
Upon such attribution reflected on the record at this stage,
this Court is not inclined to suspend the sentence of appellant
No.3-Prabhulal and appellant No.8-Hindulal @ Hinduda.
Since the injuries attributed to all other accused are simple
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in nature, therefore, the sentence of all other accused-appellant is
suspended.
Having considered of 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 appellant No.1-
Bhikaram, appellant No.2-Manoharlal, appellant No.4-Kankulal,
appellant No.5-Keshulal, appellant No.6-Papiya @ Ramesh and
appellant No.7-Kishnalal. However, the suspension of sentence
application qua appellant No.3-Prabhulal and appellant No.8-
Hindulal @ Hinduda stands dismissed.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
440/2022 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 09.05.2022 in Sessions Case No. 20/2016
(CIS No.384/2016) against appellants (1) Bhikaram S/o
Jalamji Gamar, (2) Manoharlal S/o Bhikaji Gamar, (4)
Kankulal S/o Pujaji Gamar, (5) Keshulal S/o Galaji Gamar,
(6) Papiya @ Ramesh S/o Lalji Gamar and (7) Kishanlal S/o
Lalaji Gamar, 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 27.07.2022 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
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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.
15-Zeeshan/Jitender
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