Rajasthan High Court - Jodhpur
Bagda Ram vs State Of Rajasthan ... on 2 August, 2023
Bench: Augustine George Masih, Vinit Kumar Mathur
[2023:RJ-JD:24530-DB] (1 of 3) [SOSA-896/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc 3rd Suspension Of Sentence Application
(Appeal) No. 896/2023
Bagda Ram S/o Sh. Narisingh Ram, Aged About 46 Years, B/c
Bheel, R/o Bheelo Ki Dhani, Khutani, P.S. Rohat, Dist. Pali.
(Presently Lodged at Central Jail, Jodhpur).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Mahaveer Bishnoi
For Respondent(s) : Mr. R.R. Chhaparwal, PP
HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
02/08/2023
Heard learned counsel for the parties on the application for
suspension of sentence.
The instant application for suspension of sentence has been
preferred by the appellant-applicant, who has been convicted and
sentenced by the learned trial court vide judgment dated
13.03.2018 in Sessions Case No.158/2015. The appellant-
applicant has been sentenced as under :-
Offence U/s Sentence Fine Sentence in default
of payment of fine
302/34 IPC Life Imprisonment Rs.10,000/ 6 months' additional
- imprisonment
323/34 IPC 6 Months' - -
imprisonment
[2023:RJ-JD:24530-DB] (2 of 3) [SOSA-896/2023]
It is the contention of the learned cousnel for the applicant-
appellant- Bagda Ram that the co-accused namely Varda Ram has
already been granted the benefit of suspension of sentence by a
Division Bench of this Court vide order dated 10.07.2023, where
the allegations against the three accused namely Varda Ram,
Bagda Ram and Prakashi Devi are identical. No distinct specific
role has been attributed to any of the three accused.
The period of custody of Bagda Ram is identical to that of
Varda Ram and, therefore, the applicant-appellant may also be
granted the benefit of suspension of sentence during pendency of
the appeal.
Learned cousnel for the State is unable to distinguish the
case of the applicant-appellant from that of the co-accused as has
been pointed out by the counsel for the applicant-appellant.
Taking into consideration the overall facts and circumstances
of the case and without making any observation on the merits of
the case, we are inclined to suspend the sentence awarded to the
appellant-applicant.
Accordingly, this application for suspension of sentence filed
under Sec.389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the Addl. Sessions Judge, Pali vide
judgment dated 13.03.2018 in Sessions Case No.158/2015
against appellant-applicant Bagda Ram S/o Shri Narsingh Ram
shall remain suspended till final disposal of the appeal, provided
he executes a personal bond in the sum of Rs.50,000/- along with
two sureties of Rs.25,000/- each to the satisfaction of the learned
trial judge for his appearance in this court on 04.09.2023 and
[2023:RJ-JD:24530-DB] (3 of 3) [SOSA-896/2023]
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 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.
(VINIT KUMAR MATHUR),J (AUGUSTINE GEORGE MASIH),CJ
21-SanjayS/-
Powered by TCPDF (www.tcpdf.org)
