Rajasthan High Court - Jodhpur
Jagdish @ Jagga Ram vs State Of Rajasthan ... on 8 August, 2023
Bench: Arun Bhansali, Rajendra Prakash Soni
[2023:RJ-JD:25245-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 766/2022
Jagdish @ Jagga Ram S/o Sh. Rughnath Ram, Aged About 55
Years, B/c Dewasi, R/o Village Baniyawas, P.s. Luni, Dist.
Jodhpur. (Presently Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Kalu Ram Bhati.
For Respondent(s) : Mr. B.R.Bishnoi.
HON'BLE MR. JUSTICE ARUN BHANSALI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
08/08/2023
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 30/9/2016 by the
learned Addl. Sessions Judge, No. 6, Jodhpur Metro in Sessions
case no. 20/2013.
Offence Sentence Fine
302 IPC Life Imprisonment Rs.10000/- and in default
of payment of fine to
further undergo 03
months S.I.
3/25 Arms Act 3 Years S.I. Rs.500/- and in default of
payment of fine to further
undergo 15 days S.I.
2. The appellant-applicant has preferred the application under
Section 389 Cr.P.C. for suspension of sentence during the
pendency of appeal and for release on bail.
[2023:RJ-JD:25245-DB] (2 of 4) [SOSA-766/2022]
3. The only plea raised by learned counsel for the appellant-
applicant is that as the applicant is in custody for about 10 years
03 months and the likelihood of hearing of appeal in near future
are bleak, in view of the directions of Hon'ble Supreme Court
dated 15/9/2022 in Sonadhar vs. The State of Chhattisgarh : SLP
(Crl.) No.529/2021, the sentence of the applicant be suspended
and he be enlarged on bail.
4. Submissions have been made with reference to the order
dated 5/10/2021 in Saudan Singh vs. The State of Uttar Pradesh :
SLP (Crl.) No.4633/2021, wherein also observations have been
made regarding grant of bail in the appeal at the High Court stage
except certain exceptions.
5. Learned Public Prosecutor opposed the application for
suspension of sentence with the submissions that the applicant
has been convicted for the offence under Section 302 IPC and
Section 3/25 Arms Act, whereby, he has murdered two persons.
6. Further submissions have been made that the criminal
antecedents of the accused-appellant are telltale, wherein, a total
of 15 cases have been registered against him including the
present one and out of these cases he was convicted in 05 cases,
04 cases are still pending trial and he has been acquitted in 06
cases. Further, when the applicant was sent on parole, he
remained absconding for over 05 months. It was submitted that it
is apparent that the applicant is a habitual offender having bleak
criminal background and, therefore, he is not entitled to seek
suspension of sentence during pendency of the present appeal.
7. Submissions have also been made on merits of the case,
wherein, Dungar Ram and Gopa Ram, on account of gun shot fired
[2023:RJ-JD:25245-DB] (3 of 4) [SOSA-766/2022]
by the appellant, died on the spot, which fact was fully supported
and corroborated from the statements of prosecution witnesses
and medical report.
8. Further submissions were made that during the pendency of
the present appal no attempt was made by the appellant to seek
hearing of the appeal, though the paper book etc. are ready in the
matter. It was prayed that the application be dismissed.
9. We have considered the submissions made by learned
counsel for the parties and have perused the material available on
record.
10. Hon'ble Supreme Court in the case of Sonadhar (supra)
inter alia directed that all persons, who have completed 10 years
of sentence and appeal is not in proximity of hearing with no
extenuating circumstances should be enlarged on bail.
11. Further in the case of Saudan Singh (supra) also
observations were made regarding grant of bail in cases where
convicts have undergone sentence for sufficiently long time and
appeals were pending at the High Court stage with exceptions
indicated therein.
12. In the present case, though the appellant-applicant has
undergone sentence for about 10 years including during trial and
the appeal is pending consideration before this Court for about
seven years, the Hon'ble Supreme Court while issuing directions in
the cases of Sonadhar (supra) and Saudan Singh (supra) had
provided for exceptions in cases where there are extenuating
circumstances or exception.
13. In the present case, as noticed, the appellant-applicant has
been found guilty of the offence under Section 302 IPC for double
[2023:RJ-JD:25245-DB] (4 of 4) [SOSA-766/2022]
murder and also his antecedents/background are full of criminal
acts, wherein, he was tried for 15 cases, out of which convicted in
05 cases, 04 cases are pending trial and acquitted in 06 cases.
Further, in the past, the applicant has absconded when sent on
interim bail/parole and as such, said extenuating circumstances
would bring the present case in exceptional cases, wherein, the
general directions given by the Hon'ble Supreme Court for grant of
bail on account of accused having completed sentence for
sufficiently long time have been directed to be granted bail.
13. It is also relevant, as submitted by learned Public Prosecutor,
that no attempt has been made to get the appeal heard.
14. Consequently, the application seeking suspension of
sentence is dismissed.
15. However, keeping in view the fact that appellant has
undergone sentence for about 10 years, the appeal itself be listed
for final hearing on 4/9/2023.
(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J
44-baweja/-
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