Premchand vs State Of Rajasthan
2022 Latest Caselaw 12591 Raj

                                      (1 of 3)                     [SOSA-1004/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
     S.B. Criminal Misc II Suspension Of Sentence Application
                        (Appeal) No. 1004/2022

1.      Premchand S/o Kesa Bhajat, Aged About 38 Years, R/o
        Vill. Dharti Devi Ps Falasiya Dsit. Udaipur Raj. (Presently
        Lodged In Central Jail Udaipur)
2.      Mangla S/o Uda Bhajat, Aged About 52 Years, R/o Vill.
        Dharti Devi Ps Falasiya Dsit. Udaipur Raj. (Presently
        Lodged In Central Jail Udaipur)
                                                                   ----Petitioners
                                   Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)        :     Mr. Shambhoo Singh Rathore
For Respondent(s)        :     Mr. Mohd. Javed Gauri, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

20/10/2022

     Learned counsel for the appellant has taken this Court to the

statement of Saju Ram, who is injured eye-witness. He has also

taken this Court to the statement of PW-2 Lokesh.

     Learned counsel for the appellant further submits that the

injured witness Saju Ram has been attributed with blunt injury

whereas the allegation of causing injury by an axe. Learned

counsel for the appellant has also shown the various contradiction

in the factual matrix of the case. It is also contended that the

appellant was on bail during trial.

     Learned    Public   Prosecutor         opposes         the   suspension    of

sentence application.




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     This Court, on conjoint consideration of the submissions

made by learned counsel for the petitioner and having considered

the totality of facts and circumstances of the case, deems it just

and proper to suspend the substantive sentence awarded to the

accused applicant-appellant.

     Accordingly, the present Suspension of Sentence (Appeal)

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 08.09.2022 in Session Case No.50/2017 (CIS No.157/2017)

against appellants- (1) Premchand S/o Kesa Bhajat, & (2)

Mangla S/o Uda Bhajat shall remain suspended till final disposal

of the aforesaid appeal, provided they execute 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 their appearance in this

Court on 21.11.2022 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 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


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                                   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.

184-/sudheer//-

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