Annaram vs State Of Rajasthan
2022 Latest Caselaw 12457 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 820/2022

Annaram S/o Sh. Sahabram, Aged About 32 Years, Village Mithadiya, P.s. Mahajan, Dist. Bikaner. (Presently Lodged In Dist. Jail Bikaner).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Manish Dadhich For Respondent(s) : Mr. R.R. Chapparwal, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI

Order

18/10/2022

This suspension of sentence application has been preferred

on behalf of the applicant/appellant, who has been convicted and

sentenced by the learned Addl. Sessions Judge (Women Atrocity

Cases), Bikaner in Sessions Case No.4/2017 vide judgment dated

30.08.2018 The applicant/applicant has been sentenced as

under :-

Offences U/S Sentence Fine Sentence (if default in payment of fine)

498-A IPC 3 years R.I 3,000/- 1 month S.I

304-B IPC L.I.

(2 of 4) [SOSA-820/2022]

Learned counsel for the applicant/appellant has submitted

that the trial court has grossly erred in convicting and sentencing

the accused-appellant vide impugned judgment dated 30.08.2018.

Learned counsel has further submitted that though the marriage

of the appellant was solemnized with the deceased around two

and half years ago but the prosecution has failed to produce

cogent and reliable evidence to prove that prior to death of the

deceased, she was subjected to cruelty by the appellant. It is

argued that the real sister of the deceased is married to the real

brother of the appellant and in such circumstances, it is difficult to

comprehend that the appellant treated the deceased with cruelty

or he is guilty for dowry death. Learned counsel for the appellant

has invited our attention towards the statements of PW-1 Suman,

who happens to be the real sister of the deceased, and argued

that she has not supported the prosecution story and turned

hostile.

Learned counsel for the appellant has also argued that the

trial court has wrongly disbelieved the fact that the deceased was

mentally ill and on account of that she committed suicide. Learned

counsel has invited our attention towards the evidence of DW-6

Dr. K.K Verma and submitted that in his evidence Dr. K.K. Verma

has clearly stated that he treated the deceased for her mental

ailment. He has further submitted that Exhibits D/25 & D/26 were

also pressed into service which related to the treatment of the

deceased for her mental ailment. Learned counsel submits that as

a matter of fact the deceased was mentally ill and committed

suicide and the evidence has also been produced before the trial

(3 of 4) [SOSA-820/2022]

court, however, the trial court has wrongly disbelieved the same.

The accused is in custody since 22.08.2016 and hearing of the

appeal will take time.

Learned Public Prosecutor has opposed the prayer of the

applicant/appellant for suspending his sentence.

Heard learned counsel for the parties on suspension of

sentence application.

Having considered the totality of facts and circumstances of

the case, we consider it just and proper to suspend the

substantive sentence awarded to the accused appellant.

Accordingly, this suspension of sentence application 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 30.08.2018 in Sessions Case No.4/2017 against

applicant/appellant Annaram S/o Sh. Sahabram 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 court on18.11.2022 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, he will give in writing his changed

(4 of 4) [SOSA-820/2022]

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 does not

appear before the trial court, the learned trial Judge shall report

the matter to the High Court for cancellation of bail.

                                   (FARJAND ALI),J                                              (VIJAY BISHNOI),J
                                    46-Anshul/-









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