Ramnarayan vs State Of Rajasthan
2022 Latest Caselaw 12480 Raj

(1 of 3) [SOSA-790/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 790/2022

Ramnarayan S/o Kalu Lal, Aged About 38 Years, R/o Avleshwar, P.s. - Hathuniya, District Pratapgarh (Raj.) (At Present Lodged At Central Jail, Udaipur)

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

----Respondent

For Petitioner(s) : Mr. Manish Kumar Pitaliya 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 and Special Judge,

SC/ST (Preventin of Atrocities Cases), Pratapgarh in Sessions Case

No.36/2015 (157/2014) vide judgment dated 26.08.2022 The

applicant/applicant has been sentenced as under :-

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

302 IPC             L.I.                   25,000/-               1 month S.I.

201 IPC             5 years S.I            10,000/-               15 days S.I

Learned counsel for the applicant/appellant has submitted

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that there is no evidence even for the name sake to substantiate

the charge, the prosecution has miserably failed to establish its

case beyond reasonable doubt. Learned counsel for the appellant/

applicant has further submitted that the star eye-witness PW-6

Manju has not supported the case of the prosecution and turned

hostile. It is submitted that besides it no incriminating evidence

has been produced during the trial, thus, the judgment of

conviction is not sustainable in eye of law, the applicant/appellant

has strong arguable case in his favour but the appeal would likely

to take long time to be heard, he was on bail during the course of

trial, therefore, the sentence awarded to the appellant-applicant

may be suspended during pendency of the appeal.

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 and the submission made at Bar, 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 26.08.2022 in Sessions Case No.36/2015 (157/2014)

against applicant/appellant Ramnarayan S/o Kalu Lal 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

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sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for his appearance in this court on 18.11.2022 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 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
                                    45-Anshul/-









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