Dadu Ram vs State Of Rajasthan
2022 Latest Caselaw 8459 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 271/2022

Ranchod S/o Harish, Aged About 43 Years, B/c Rot Meena R/o Bedsa Falla Rot Dhambola Police Station District Dungarpur (Lodged In Central Jail Udaipur)

----Applicant Versus State of Rajasthan

----Respondent CONNECTED WITH D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 167/2022 Dadu Ram S/o Harish, Aged About 38 Years, B/c Rot Meena, R/o Bedsa Falla Rot, Dhambola Police Station, District Dungarpur. (Lodged In Central Jail, Udaipur).

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


For Applicant(s)          :     Mr. S.S. Shaktawat
For Respondent(s)         :     Mr. R.R. Chhaparwal, P.P.



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

                                     Order

29/06/2022

Heard learned counsel for the parties on suspension of

sentence applications.

Learned counsel for the applicant-appellants has submitted

that the applicant-appellants are in custody since last more than 8

years and the appeal filed by them against their conviction is not

(2 of 4) [SOSA-271/2022]

likely to be decided in near future. It is also submitted that as a

matter of act, the applicant-appellants have falsely been

implicated in this case as no credible evidence is available on

record against them. It is further submitted that the prosecution

has failed to prove the charges against the applicant-appellants of

committing murder of the deceased.

Learned counsel for the applicant-appellants has pointed out

that the near relatives of the deceased such as father, brother,

sister and sister-in-law, in their court statements, have

categorically admitted that there was enmity between both the

families. It is also submitted that when the family of the deceased

forced the accused persons to pay damages on account of death

of deceased Vinod and the family of the accused persons refused

to pay the same while claiming that they have not committed any

crime, this false case has been filed.

Learned counsel for the applicant-appellants has pointed out

towards the statements of PW-2 Sugana, PW-6 Nana, PW-10

Ramesh and PW-13 Varsha and argued that from the statements

of those family members of the deceased, it is clear that the

applicant-appellants have falsely been implicated in this case on

account of long enmity between both the families.

Learned Public Prosecutor has opposed the prayer made on

behalf of the applicant-appellants in these suspension of sentence

applications.

Having considered the totality of facts and circumstances of

the case, taking into consideration the material available on record

particularly the statements of the relatives of deceased and also

(3 of 4) [SOSA-271/2022]

taking into consideration the custody period of the applicant-

appellants, we consider it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellants.

Accordingly, these suspension of sentence applications filed

under Section 389 Cr.P.C. are allowed and it is ordered that the

substantive sentence passed by the Sessions Judge, Dungarpur

vide judgment dated 15.03.2016 in Sessions Case No.71/2014

against applicant-appellants Ranchod S/o Harish and Dadu

Ram S/o Harish shall remain suspended till final disposal of the

appeal filed by them against their conviction, 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 28.07.2022 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

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.

(4 of 4) [SOSA-271/2022]

The learned trial Court shall keep the record of attendance of

the accused applicant-appellants in a separate file. Such file be

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

the accused applicant-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 applicant-appellants do 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.Nos.29-30

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