Rajasthan High Court - Jodhpur
Prakash vs State Of Rajasthan on 20 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 482/2022
1. Prakash S/o Sh. Gautam Tirgar, Aged About 26 Years, R/o
Vill. Anjana, P.s. Arthuna, Dist. Banswara (Raj.).
2. Laleng S/o Sh. Gautam Tirgar, Aged About 30 Years, R/o
Vill. Anjana, P.s. Arthuna, Dist. Banswara (Raj.).
(Presently Lodged In Dist. Jail, Banswara).
3. Harish S/o Sh. Gautam Tirgar, Aged About 22 Years, R/o
Vill. Anjana, P.s. Arthuna, Dist. Banswara (Raj.).
(Presently Lodged In Dist. Jail, Banswara).
4. Dhanesh @ Dhanraj S/o Sh. Gautam Tirgar, Aged About
20 Years, R/o Vill. Anjana, P.s. Arthuna, Dist. Banswara
(Raj.). (Presently Lodged In Dist. Jail, Banswara).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Shambhoo Singh
For Respondent(s) : Mr. SK Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/05/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on application seeking
suspension of sentence no.344/2022.
Counsel for the appellant has shown statement of injured
witness Shankar Lal (PW-2), who levelled allegation that Prakash
caused injury by pipe on his head. Harish and Laleng caused
beating by knife and 'latth' and Dhanesh caused injuries by
sword.
(Downloaded on 20/05/2022 at 08:40:17 PM)
(2 of 3) [CRLAS-482/2022]
Counsel for the appellant submits that none of the injuries
are incised and none of the injuries is there on the head.
Counsel for the appellant, thus, submits that the Injury
Report does not corroborate with the statement of injured witness,
thus, sentence awarded to the accused be suspended.
Learned PP opposed the application.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - (1) Prakash S/o Sh. Gautam Tirgar, (2) Laleng
S/o Sh. Gautam Tirgar (3) Harish S/o Sh. Gautam Tirgar &
(4) Dhanesh @ Dhanraj S/o Sh. Gautam Tirgar, by the
learned Additional Sessions Judge, Banswara vide judgment dated
25.04.2022 in Sessions Case No.45/2016 shall remain suspended
till final disposal of aforesaid appeal provided each of the
appellant executes a personal bond for a sum of Rs.50,000/-
alongwith two solvent sureties in the sum of Rs.25,000/- each to
the satisfaction of learned trial court for their appearance before
this Court on 11.07.2022 and whenever called upon to do so till
the disposal of the appeal on the conditions inidcated below:-
(1) That he/she/they will appear before the trial court in
the month of January of every year till the appeal is
decided.
(2) That if the applicant(s) changes the place of residence,
he/she/they will give in writing his/her/their changed
(Downloaded on 20/05/2022 at 08:40:17 PM)
(3 of 3) [CRLAS-482/2022]
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(s) to the trial
court.
The learned trial court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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(s) 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.
179-Sanjay/-
Powered by TCPDF (www.tcpdf.org)
