Rajasthan High Court - Jodhpur
Babulal vs State Of Rajasthan ... on 17 April, 2023
Bench: Arun Bhansali, Rajendra Prakash Soni
[2023/RJJD/010347]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 500/2022
Babulal S/o Shri Rampal Chanal (Harijan), Aged About 43 Years,
R/o Gandhi Nagr, Kachhi Basti, 498-Malla Talai, P.s. Amba Mata,
Udaipur, District Udaipur (Raj.) (Presently Lodged At Central Jail,
Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 257/2022
Dilip Nakwal S/o Shri Ashok Nakwal, Aged About 31 Years, R/o
House No. 809, Gandhi Nagar, Kachhi Basti, Malla Talai, Police
Station Amba Mata, Udaipur, District Udaipur (Rajasthan) (At
Present Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Chaitanya Gehlot.
Mr. Pradeep Shah with
Mr. Ram Singh Rawal.
For Respondent(s) : Mr. B.R. Bishnoi, P.P.
HON'BLE MR. JUSTICE ARUN BHANSALI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
17/04/2023
1. The appellants herein have been convicted and sentenced as
below vide judgment dated 25.02.2022 passed by the learned
[2023/RJJD/010347] (2 of 4) [SOSA-500/2022]
Additional Sessions Judge No.4, Udaipur, in Session Case
No.41/2018 (CIS No.285/2018):
Offences Sentence Fine
302/149 IPC Life Imprisonment Rs.50,000/- each and in
default of which to further
undergo Six month's
additional S.I.
147 IPC Two years' simple Rs.5,000/- each and in
imprisonment default of which to further
undergo Six month's
additional simple
imprisonment.
148 IPC Three years' Rs.2000/- each and in
simple default of which to further
imprisonment undergo Six month's
additional simple
imprisonment.
452/149 IPC Five Years' simple Rs.2000/- each and in
imprisonment default of which to further
undergo Six month's
additional simple
imprisonment.
307/149 IPC Ten Years' simple Rs.5000/- each and in
imprisonment default of which to further
undergo Six month's
additional simple
imprisonment.
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 appeals.
3. Leaned counsel for the appellants-applicants submitted that
the trial court has grossly erred in convicting and sentencing the
appellants - applicants for the offences under Section 302/149.
4. It is submitted that from the evidence produced by the
prosecution, it is clear that co-accused Prakash Chhaparwal
inflicted the fatal blow to Vikram and Gajendra Chhaparwal
inflicted the injury on Sunil and only allegation against the
[2023/RJJD/010347] (3 of 4) [SOSA-500/2022]
appellants-applicants is to the fact that they were the part of
unlawful assembly, which attacked the house of the complainant.
5. It is further submitted that no specific role has been assigned
to the appellants-applicants and omnibus allegations have been
leveled against them.
6. Further submissions have been made that though the
allegations are that the appellants-applicants were brandishing
swords, only two swords, that also, at the instance of Prakash and
Gajendra Chhaparwal have been recovered.
7. Learned counsel for the appellants-applicants submitted that
the applicants were on bail during trial and final hearing of the
appeals is likely to take time and, therefore, their sentence may
be suspended.
8. Learned Public Prosecutor opposed the applications for
suspension of sentence.
9. Having considered the totality of the facts and circumstances
of the case and after carefully scrutinizing the record of the case,
we consider it just and proper to suspend the substantive
sentence of the appellants-applicants, namely, Babulal S/o Shri
Rampal Chanal and Dilip Nakwal S/o Shri Ashok Nakwal, during
the pendency of the appeals.
10. Accordingly, the instant applications for suspension of
sentence filed under Section 389 Cr.P.C. are allowed and it is
ordered that substantive sentence passed by the Additional
Sessions Judge No.4, Udaipur, in Session Case No.41/2018 (CIS
No.285/2018) against the appellants-applicants, namely, Babulal
S/o Shri Rampal Chanal and Dilip Nakwal S/o Shri Ashok Nakwal,
shall remain suspended till final disposal of the aforesaid appeals
[2023/RJJD/010347] (4 of 4) [SOSA-500/2022]
and they shall be released on bail, provided they execute/s 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 17.05.2023 and whenever ordered to
do so till the disposal of the appeals on the conditions indicated
below:
1. That they will appear before the trial court in the
month of January of every year till the appeals are
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-
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
15-pradeep/-
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