Tufanlal S/O Shivaji B/C Bagri vs State Of Rajasthan
2022 Latest Caselaw 6684 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

    D.B. Criminal Mis. Suspension of Sentence No. 544/2022

                                        IN

               D.B. Criminal Appeal No. 202/2019

Tufanlal S/o Shivaji, Aged About 26 Years, R/o Kachnara Ps
Kachnara, Police Station Unhel, District Jhalawar (Rajasthan) (At
present accused confined in District Jail Kota)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent

For Appellant(s) : Mr. Dushyant Singh Naruka For Respondent(s) : Mr. Javed Choudhary, Addl. G.A. with Mr. N.S. Gurjar, Asst. GA

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN

Order

14/10/2022

The instant application for suspension of sentence under

Section 389 CrPC has been preferred on behalf of the appellant-

applicant Tufanlal, who has been convicted and sentenced vide

judgment dated 11.04.2019 passed by learned Additional District

and Sessions Judge, Bhawanimandi as below :-

Offence            Sentences              Fine                   Fine   Default
                                                                 Sentences
302/34 IPC         Life                   Rs.10,000/-            One        year's
                   Imprisonment                                  Additional
                                                                 Simple
                                                                 Imprisonment





                                        (2 of 3)                   [CRLAD-202/2019]

He has filed the instant application for suspension of

sentences and release on bail during pendency of the appeal.

Heard learned counsel for the parties and perused the

material available on record.

Learned Public Prosecutor has filed reply to the application

for suspension of sentences which indicates that the appellant has

undergone custodial period of more than 5 1/2 years as on date. No

criminal antecedents exist against the appellant. The case of the

prosecution regarding charge of murder of Shri Narayan Singh is

based purely on circumstantial evidence. Primarily, the

prosecution has proposed circumstance of last seen evidence

against the appellant and the co-accused Nahar Singh for proving

the said charge. However, in the FIR No.118/2012 (Ex.P/10),

name of either of the accused is not mentioned. D.B. Criminal

Misc. Suspension of Sentence Application No.1131/2021 filed on

behalf of the co-accused Nahar Singh has already been accepted

by this Court vide order dated 18.02.2022. The case of the

appellant herein does not stand on different footing from that of

co-accused Nahar Singh.

In this background and having regard to the entirety of the

facts and circumstances of the case, this court is of the view that

it is a fit case for grant of indulgence of bail to the appellant-

applicant by suspending the sentences awarded to him by the trial

court during the pendency of the appeal.

Accordingly, the application for suspension of

sentences filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by the learned Additional

District and Sessions Judge, Bhawanimandi vide judgment dated

11.04.2019 in Sessions Case No.06/2013 (CIS No.28/2016)

(3 of 3) [CRLAD-202/2019]

against the appellant-applicant Tufanlal shall remain suspended

till final disposal of the aforesaid appeal and he shall be released

on bail, 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 on 15.11.2022 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 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(s), 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 in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant 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 does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

                                   (SAMEER JAIN),J                                                     (SANDEEP MEHTA),J




                                   Devesh/J K P/3









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