Sunil @ Pintu vs State Of Rajasthan ...
2023 Latest Caselaw 2998 Raj

[2023/RJJD/010135]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 728/2022

IN

D.B.Criminal Appeal No. 113/2022

Sunil @ Pintu S/o Himmat Lal, Aged About 22 Years, R/o Society Nagar, Bhagat Singh Colony, P.s. Industrial Area, Pali, Raj. (Presently Lodged At Central Jail, Pali).

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

----Respondent Connected With D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 418/2022 IN D.B.Criminal Appeal No. 73/2022 Ganpatlal S/o Bhikharam, Aged About 28 Years, R/o Mandali, Tehsil And District Pali. (At Present Lodged In Dist. Jail Bikaner)

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

----Respondent

For Petitioner(s) : Mr. Mahaveer Singh.

Mr. Ajay Vyas.

For Respondent(s) : Mr. R.R.Chhaparwal, P.P.

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

13/04/2023

1. The appellants herein have been convicted and sentenced as

below vide judgment dated 30/4/2022 passed by the learned

[2023/RJJD/010135] (2 of 5) [SOSA-728/2022 & 418/2022]

Addl. Sessions Judge, Pali in Sessions Case No. 74/2015 (CIS No.

54/2015):

Offences Sentence Fine 302/34 IPC Life Imprisonment Rs.1,00,000/- each and in default of which to further undergo one year S.I.

394/34 IPC 10 years S.I. Rs.50,000/- each and in default of which to further undergo six months S.I.

460 IPC 10 years S.I. Rs.50,000/- each and in default of which to further undergo six months S.I.

3/25 Arms Act Two years S.I. Rs.2000/- each and in default of which to further undergo two months S.I.

2. The appellants-applicants have preferred the applications for

suspension of sentence under Section 389 Cr.P.C. for release on

bail during the pendency of the appeal.

3. Leaned counsel for the appellants-applicants made

submissions that the complainant Smt. Kistu got her statement

recorded, wherein, she specially indicated that those who entered

the house and gave beating to her, her niece and her father-in-law

were wearing black clothes and their faces were covered.

However, in her statement as P.W.1, she improved her version and

indicated that while giving beating the cloth from their faces came

down and she saw the faces. Further, relevant witness; P.W.4 -

Narayan Singh, P.W.20 - Bishan Singh and P.W.28 - Dalpat Das

Vaishnav, who came at the site after the incident had indicated

that the offence was committed by unknown persons/ thief. It was

submitted that the accused appellant Ganpat Lal is cousin of

husband of said Kistu and in case she had seen him committing

[2023/RJJD/010135] (3 of 5) [SOSA-728/2022 & 418/2022]

offence, as claimed by her in her statement, she would have

specifically took his name in the statement before the police

(Ex.P.1) and would have told the same to P.W.4, P.W.20 and

P.W.28.

4. Further submissions have been made that in the

identification parade, Pooja, niece of Kistu did not identify accused

Ganpat Lal and only identified accused Sunil and Kistu identified

both Ganpat Lal and Sunil.

5. Submissions have been made that in her cross examination,

Pooja, P.W.5, specifically indicated that the police personnel

identified the accused and told them to identify them.

6. It is submitted that the involvement of the appellants is

highly improbable inasmuch as in case Ganpat Lal was involved,

the complainant Kistu would have specifically taken his name in

the statement before the police and before the other witnesses,

who came at the site immediately after the incident and,

therefore, the appellants are entitled to be released on bail.

7. Further submissions have been made that the appellants-

applicants have already remained in custody for over 08 years

and, therefore, also their sentences be suspended and they be

released on bail as the hearing of the appeal is likely to take

sufficiently long time.

8. Learned Public Prosecutor vehemently contested the

submissions. It was submitted that as Smt. Kistu has seen the

accused and has identified them during the identification parade

and that recovery of cash has been made from the accused, the

applications deserve dismissal.

[2023/RJJD/010135] (4 of 5) [SOSA-728/2022 & 418/2022]

9. Having considered the submissions made by learned counsel

for the parties, in view of the fact that appellants are in custody

for over 08 years and the fact that hearing of the appeal is

unlikely in near future, without making any observations on merits

of the case, we are inclined to suspend the sentence of the

appellants-applicants Sunil @ Pintu s/o Himmat Lal and Ganpat Lal

s/o Bhikharam during the pendency of the appeal.

10. Accordingly, the instant applications for suspension of

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

ordered that sentence passed by the Addl. Sessions Judge, Pali in

Case No. 74/2015 (CIS No. 54/2015) against the appellants-

applicants Sunil @ Pintu and Ganpat Lal shall remain suspended

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

on bail, provided they executes a personal bond in the sum of

Rs.50,000/- each with two sureties of Rs.25,000/- each to the

satisfaction of learned trial Judge for their appearance in this court

on 16/5/2023 and whenever ordered to do so till the disposal of

the appeal on the conditions indicated below:

1. That they will appear before the trial court in the month of January of every year till the appeal is decided.

2. That if the applicants change the place of residence, they will give in writing their 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.

11. The learned trial court shall keep the record of attendance of

the accused-applicants in a separate file. Such file be registered as

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

[2023/RJJD/010135] (5 of 5) [SOSA-728/2022 & 418/2022]

applicants was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not been taken into account for statistical purpose relating to

pendency and disposal of the cases in the trial court. In case the

said accused-applicants do not appear before the trial court,

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

cancellation of bail.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J

28-29-baweja/-

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