Rajasthan High Court - Jodhpur
Sunil Kumar vs State Of Rajasthan on 25 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-669/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 669/2022
Sunil Kumar S/o Shri Nana Lal Dhakad, Aged About 31 Years, R/
o Chhoiti Bijoliya, Police Station Bijoliya, District Bhilwara.
(Lodged In Central Jail, Ajmer)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Tirath Raj Singh Sodha
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/05/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.421/2022.
Learned counsel for the appellant has drawn the attention of
this Court towards the Exhibit-25, the postmortem report dated
29.01.2013, in which, five abrasions are pointed out, but no
opinion regarding the death is given and rather has been reserved
after FSL.
Learned counsel has further drawn the attention of this Court
towards the statement of PW-16-Dr. Dinesh Gautam, who has
deposed that though there is nothing unusual in the body injuries,
but he has suggested that it might be an injury from electric
shock.
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(2 of 3) [CRLAS-669/2022]
Learned counsel however, submits that the prosecution has
arrived at a conclusion that there was no possibility of any running
electricity wire near the scene of crime. Learned counsel also
submits that the learned trial court had granted bail to the
applicant-appellant on 17.05.2013 on the same grounds and the
appellant was on bail during trial.
Learned Public Prosecutor opposes the suspension of
sentence application.
This Court, on perusal of the record as well as the impugned
judgment, finds that there is an extreme flaw in the
medical/postmortem report as the same utterly fails to show the
cause of death, and thus, it cannot be construed whether it was a
normal death or an unnatural death, and therefore, the very
ingredient of unnatural death is missing in the present case. Even
the doctor, in his deposition, is not clear as to whether it was a
natural death or an unnatural death.
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. Suspension of Sentence (Appeal) No.
421/2022 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 13.05.2022 in Session Case No.27/2013
against appellant- Sunil Kumar S/o Shri Nana Lal Dhakad shall
remain suspended till final disposal of the aforesaid appeal,
provided he 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 his appearance in this Court on
28.06.2022 and whenever ordered to do so, till the disposal of
the appeal on the conditions indicated below:-
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(3 of 3) [CRLAS-669/2022]
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, they 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 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.
4-Zeeshan/Jitender
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