Rajasthan High Court - Jodhpur
Om Prakash vs State Of Rajasthan on 29 September, 2022
Bench: Vijay Bishnoi, Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 606/2022
Om Prakash S/o Birbal Ram, Aged About 55 Years,
Sardargadhiya, P.s. Gogamedi, Dist. Hanumangarh.
(At Present Lodged In Dist. Jail, Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. D.L. Mothsara
For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE FARJAND ALI
Order
29/09/2022
Heard learned counsel for the parties on the application for
Suspension of Sentence (Appeal) No.606/2022.
Learned counsel for the appellant-applicant has submitted
that the trial court has grossly erred in convicting and sentencing
the appellant-applicant vide impugned order. It is further
submitted that the appellant-applicant is not connected with the
commission of crime in any manner. It is also submitted that the
police has filed charge-sheet against the appellant-applicant on
the basis of the fact that he is known to one of the accused
namely Hari Singh. It is also submitted that the appellant-
applicant is not a family member of the deceased and other co-
accused persons. It is further submitted that the trial court has
placed reliance on an information given by the appellant-applicant
(2 of 3) [SOSA-606/2022]
during the course of investigation under Section 27 of the Indian
Evidence Act, however, the said piece of evidence is not conclusive
and conviction on the basis of the same is absolutely illegal. It is
further submitted that the appellant-applicant was on bail during
trial and hearing of the appeal is likely to take time.
Having considered the totality of facts and circumstances of
the case and after scrutinizing the record of the case, we consider
it just and proper to suspend the substantive sentence awarded to
the appellant-applicant.
Accordingly, the application for Suspension of Sentence
(Appeal) No.606/2022 filed under Sec.389 Cr.P.C. is allowed
and it is ordered that the substantive sentence passed by the
Additional Sessions Judge, Bhadra, District Hanumangarh vide
judgment dated 31.05.2022 in Sessions Case No.37/2017 against
appellant-applicant - Om Prakash S/o Birbal Ram 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 on 01.11.2022 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, he will give in writing his changed
address to the trial Court as well as to the counsel
(3 of 3) [SOSA-606/2022]
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
accused-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
28-Arun/-
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