Rajasthan High Court - Jodhpur
Lakh Singh vs State Of Rajasthan on 3 March, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1236/2021
Lakh Singh S/o Sh. Modaji, Aged About 78 Years, R/o Ludrada,
P.S. Samdari, Dist. Barmer (Raj.).
(At Present Lodged In Sub Jail Balotra).
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. K.L. Thakur with
Mr. Mool Singh Panwar
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. C.S. Rathore
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/03/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Heard learned counsel for the parties on S.B. Criminal
Misc. (Suspension of Sentence) Application No.37/2022.
Learned counsel for the appellant submits that the appellant
is a heart patient and is a 78 years old person. Learned counsel
has also pointed out that the appellant has already undergone an
imprisonment of about one year and the total imprisonment is
seven years.
Learned counsel has drawn the attention of this Court
towards the statements of PW-1 Mohani Devi, PW-2 Hanuman
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Singh, PW-3 Narpat Singh and PW-4 Bhanwar Singh. Learned
counsel further submits that from the FIR as well as the statement
rendered by PW-1 Mohani Devi, there are discrepancies in the
initiation of the FIR as well as the complaint.
Learned counsel also submits that the independent witness
PW-11 Harchand has not supported the prosecution story.
Learned Public Prosecutor alongwith learned counsel for the
respondent jointly submit that it is a heinous crime, which has
been committed and an appeal against the same judgment is also
pending.
This Court observing the age, medical condition, the ongoing
revenue suit between the parties, no previous antecedents,
discrepancy in the statement of PW-1 Mohani Devi and taking into
account the facts that it was admittedly a rooted civil dispute, is
not inclined to continue the custody of the appellant in this case,
at this stage.
Thus, having considered 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.
Accordingly, S.B. Criminal (Suspension of Sentence)
Application No. 37/2022 filed under Sec.389 Cr.P.C. is allowed
and it is ordered that the substantive sentence passed by the trial
court vide judgment dated 24.11.2021 in Sessions Case
No.46/2012 (CIS No.102/2014) against appellant Lakh Singh
S/o Sh. Modaji 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
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Court on 04.04.2022 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 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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
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-appellant does 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.
11-Zeeshan
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