Sampat Lal vs State Of Rajasthan
2022 Latest Caselaw 8355 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 827/2021

Sampat Lal S/o Shri Hiralal Jat, Aged About 37 Years, B/c Jat, R/o Antali, Police Station Shambhugarh, District Bhilwara (Raj.). (At Present Lodged At Central Jail, Bhilwara).

                                                                   ----Applicant
                                    Versus
The State Of Rajasthan
                                                                 ----Respondent


For Applicant(s)          :     Mr. A.R. Godara
For Respondent(s)         :     Mr. B.R. Vishnoi, P.P.



             HON'BLE MR. JUSTICE VIJAY BISHNOI
             HON'BLE MR. JUSTICE KULDEEP MATHUR

                                     Order

28/06/2022

Heard learned counsel for the parties on suspension of

sentence application and carefully scrutinizing the record of the

case.

Learned counsel for the applicant-appellant has submitted

that the Additional Sessions Judge (Women Atrocities Cases),

Bhilwara (hereinafter to be referred as 'the trial court') has grossly

erred in convicting and sentencing the applicant-appellant for the

offences punishable under Sections 498-A, 302 and 201 IPC vide

judgment dated 05.08.2021. It is argued that no direct evidence is

available on record against the applicant-appellant, however,

though, the trial court has relied upon the so called circumstantial

evidence but close scrutiny of the said evidence, clearly reveals

(2 of 4) [SOSA-827/2021]

that the same is not enough to prove the guilt of the applicant-

appellant.

Learned counsel for the applicant-appellant has submitted

that though, the trial court has relied upon the so called recovery

of one kassi ¼dLlh½, weapon used in committing murder, but the

same is not blood stained and is also recovered after so many

days of the incident. It is also submitted that so far as the

evidence of last scene is concerned, the same is not reliable as the

applicant-appellant being husband of the deceased is suppose to

live with the deceased in his house only.

Learned counsel for the applicant-appellant has pointed out

towards the statements of PW-6 Ganga, who happened to be the

mother of the deceased, and argued that PW-6 in her court

statements has specifically stated that a case was filed against the

applicant-appellant and his family members so that they could not

get the custody of minor children of the deceased from them. It is,

therefore, argued that from the above, it is clear that the

applicant-appellant is falsely been implicated in this case and the

trial court has grossly erred in convicting and sentencing him vide

impugned judgment.

Learned counsel for the applicant-appellant has also

submitted that during the pendency of the trial, the applicant-

appellant was on bail and at present he is in custody. It is also

submitted that during the pendency of the trial as well as the

appeal filed on behalf of the applicant-appellant, the applicant-

appellant has served out around 5 years of sentence. It is also

submitted that final hearing of the appeal will take time.

(3 of 4) [SOSA-827/2021]

Learned Public Prosecutor has opposed the prayer of the

applicant-appellant for suspending his sentence.

It is not in dispute that there is no direct evidence available

on record against the applicant-appellant and the trial court has

convicted him solely on the basis of the circumstantial evidence

such as the recovery of the weapon as well as the wire, however,

both the articles are not blood stained. The applicant-appellant

was on bail during the pendency of the trial and has served out

around 5 years of sentence during the pendency of the trial as

well as the appeal filed on his behalf. The appeal filed by the

applicant-appellant is not likely to be heard finally in near future.

Having considered the totality of facts and circumstances of

the case, we consider it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

Accordingly, this suspension of sentence application is

allowed and it is ordered that the substantive sentence passed by

the trial court vide judgment dated 05.08.2021 in Sessions Case

No.65/2012 against applicant-appellant Sampat Lal S/o Hiralal

Jat shall remain suspended till final disposal of the aforesaid

appeal, provided he executes a personal bond in the 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 27.07.2022 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.

                                                                               (4 of 4)                      [SOSA-827/2021]


                                        2.    That   if    the     appellant        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,

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-appellant in a separate file. Such file be

registered as Criminal Misc. Case related to original case in which

the accused applicant-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 applicant-appellant does not

appear before the trial court, the learned trial Judge shall report

the matter to the High Court for cancellation of bail.

                                   (KULDEEP MATHUR),J                                          (VIJAY BISHNOI),J




                                    Abhishek Kumar
                                    S.No.36









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