Jaga Ram vs State Of Rajasthan ...
2023 Latest Caselaw 3676 Raj

[2023/RJJD/012079]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 156/2023

1. Jaga Ram S/o Sh. Chunni Lal, Aged About 69 Years, B/c Meghwal, R/o Vill. Korta, Ps. Sumerpur, Dist. Pali (Raj.). (Presently Lodged In Central Jail, Jodhpur).

2. Bhaga Ram S/o Sh. Jaga Ram, Aged About 33 Years, B/c Meghwal, R/o Vill. Korta, Ps. Sumerpur, Dist. Pali (Raj.). (Presently Lodged In Central Jail, Jodhpur).

----Petitioners Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Pradeep Kumar Shah For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

26/04/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicants-appellant in the matter of

judgment dated 24.01.2023 passed by learned Additional Session

Judge, Sumerpur, District Pali in Sessions Case No.01/2016

whereby he was convicted and sentenced to suffer maximum

punishment of 10 years rigorous imprisonment along with fine of

Rs.50,000/- in default 2 months simple imprisonment under

Section 307 of IPC and lesser punishment for the other offences

under Sections 452, 323 & 325 read with Section 34 of IPC.

2. Learned counsel for the applicants-appellant submitted that

neither the facts and circumstances of the case nor the injuries

allegedly received by the victim bring the case within the ambit of

[2023/RJJD/012079] (2 of 4) [SOSA-156/2023]

Section 307 of IPC as the intent to kill the victim is absent in the

matter. It is submitted that the parties are resident of the same

vicinity and the dispute erupted on a very trivial issue where-after

the parties skirmished at the spot, at the best, it can be assumed

that in order to chastise the victim injuries may have inflicted but

from no material it can be inferred that the attempt was made by

the appellant only for the purpose of killing the victim. Counsel

also submits that the applicants-appellant were on bail and never

misused the liberty.

4. It is further contended on behalf of the applicants-appellant

that the learned trial Judge has not appreciated the correct, legal

and factual aspects of the matter and thus, reached at an

erroneous conclusion of guilt, therefore, the same is required to

be appreciated again by this court. Learned counsel for the

applicants-appellant also submits that hearing of the appeal is

likely to take long time, therefore, the application for suspension

of sentence may be granted.

5. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the learned counsel for the

applicants for releasing the applicants-appellant on application for

suspension of sentence.

6. Heard and perused the material available on record.

7. Upon consideration of the grounds raised in the memo of the

appeal, looking to the totality of facts and circumstances of the

case, more particularly the fact that the hearing of appeal is likely

to take further more time and considering the overall submissions

while refraining from passing any comments on the niceties of the

matter and the defects of the prosecution as the same may put an

[2023/RJJD/012079] (3 of 4) [SOSA-156/2023]

adverse effect on hearing of the appeal, this court is of the opinion

that it is a fit case for suspending the sentence awarded to the

accused-appellant.

8. Accordingly, the present application for suspension of

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

ordered that the sentences passed learned Additional Session

Judge, Sumerpur, District Pali vide judgment dated 24.01.2023 in

Sessions Case No.01/2016 against the appellant-applicant (1)

Jaga Ram S/o Sh. Chunni Lal and (2) Bhaga Ram S/o Sh.

Jaga Ram remain suspended till final disposal of the aforesaid

appeal and he/she/they shall be released on bail, provided

he/she/each execute a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- to the satisfaction of the learned

trial court for his/her/their appearance in this Court on

25.05.2023 and whenever ordered to do so till the disposal of the

appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) change(s) the place of residence, he/she/they will give in writing his changed address(es) to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(es), 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(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-applicant(s) was tried and convicted. A copy of this order

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

[2023/RJJD/012079] (4 of 4) [SOSA-156/2023]

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(s) does(do) 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 50-AnilKC/-

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