Rajasthan High Court - Jodhpur
Kana Ram vs State Of Rajasthan on 1 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1381/2022
Kana Ram S/o Ratna Ram, Aged About 25 Years, Parva P.s.
Nosara Dist. Jalore. (Presently Lodged In Jail, Jalore).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. S.K. Verma.
For Respondent(s) : Mr. M.S. Bhati, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/11/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of sole
respondent - State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.797/2022.
Learned counsel for the applicant-appellant submits that the
applicant-appellant is son of the deceased-Ratnaram and there
was an altercation between them, regarding making of 'Chapati' to
which the applicant-appellant used a stick out of the fire ('chulha')
to hit his father, the deceased-Ratnaram.
Learned counsel for the applicant-appellant further submits
that the applicant-appellant has four grounds for seeking the
suspension of his sentence; the first ground being that it was a
sudden altercation, without any premeditation; the second ground
being that the applicant-appellant has already undergone a
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custody of about three years, the third ground being that the
crucial key-witnesses, being the mother PW-6 (Kamla Devi) and
sister PW-5 (Basanti) of the present applicant-appellant i.e. wife
and daughter respectively, of the deceased-Ratnaram turned
hostile and have not supported the version of the prosecution and;
the fourth ground being that applicant-appellant has no criminal
antecedents, and that lastly, there was only a single injury, which
was responsible for causing the death of the deceased-Ratnaram.
Learned Public Prosecutor opposes the suspension of
sentence application.
Having considered the totality of facts and circumstances of
the case and on a conjoint consideration of the aforesaid
submissions made by learned counsel for the applicant-appellant,
this Court deems it just and proper to suspend the substantive
sentence awarded to the accused applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
797/2022 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 25.08.2022 in Session Case No.71/2021 (CIS
No.125/2019) (CNR No.RJJL010012332019) against applicant-
appellant- Kana Ram S/o Ratna Ram 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 02.12.2022 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 applicant-appellant changes the place
of residence, they will give in writing his changed
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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 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.
16-/Jitender//-
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