Ravi Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 5849 Raj

[2023:RJ-JD:25645-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

.....

D.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 909/2023.

(Second Bail)

IN

D.B. CRIMINAL APPEAL NO. 16/2020.

Ravi Kumar S/o Shyam Lal, aged about 35 years, R/o Kila Khudi

Gate, Barnala, Police Station City Barnala (Punjab).

(At Present Lodged In Central Jail Bikaner).

----Petitioner Versus State Of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate with Mr. Pradeep Choudhary.

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

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

14/08/2023

1. Heard learned counsel for the parties on the application for

suspension of sentences.

2. The instant application for suspension of sentences has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned trial Court vide judgment dated

15.10.2019 in Sessions Case No. 25/2016 (CIS No. 219/2016).

The appellant-applicant has been sentenced as under:-

 [2023:RJ-JD:25645-DB]                   (2 of 4)                       [SOSA-909/2023]




Offence U/s        Sentence                  Fine                   Sentence      in
                                                                    default       of
                                                                    payment of fine
395/149 IPC   Life                           Rs. 5,000/-            Six months SI
              Imprisonment
364-A/149 IPC Life                           Rs. 5,000/-            Six month SI
              Imprisonment

147 IPC            Two       years Rs. 1,000/-                      One month SI
                   simple
                   imprisonment
323/149 IPC        One year simple Rs. 1,000/-                      One month SI
                   imprisonment
342 IPC            One year simple Rs. 1,000/-                      One month SI
                   imprisonment

All the sentences were ordered to be run concurrently.

3. Learned counsel for the applicant-appellant has argued that

the trial Court has grossly erred in convicting and sentencing the

appellant-applicant vide impugned judgment. It is submitted that

the allegation against the applicant-appellant is to the effect that

he along with co-accused Bajrang Lal was in the side seat of the

car and the allegation against the other co-accused persons that

they were in the house where Chiman Lal was confined. It is also

submitted that a co-ordinate Bench of this Court has already

suspended the sentences of the co-accused Bajrang Lal S/o

Shankar Lal vide order dated 11.05.2023 (SoSA No. 222/2023). It

is further submitted that the applicant-appellant is in custody

since for more than seven years and applicant-appellant has no

other criminal history. It is lastly argued that there is no likelihood

that the appeal will be heard finally in near future.

4. Per contra, learned Public Prosecutor has opposed this

application for suspension of sentences.

[2023:RJ-JD:25645-DB] (3 of 4) [SOSA-909/2023]

5. Taking into consideration the fact that the sentences of the

co-accused Bajrang Lal has already been suspended by a co-

ordinate Bench of this Court, as referred above, and the applicant-

appellant has also suffered incarceration for about last seven

years, therefore, without making any observation on the merits of

the case, we are inclined to suspend the sentences awarded to the

appellant-applicant.

6. Accordingly, this application for suspension of sentences filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

substantive sentences passed by the Additional Sessions Judge

No.4, Bikaner vide judgment dated 15.10.2019 in Sessions Case

No. 25/2016 (CIS No. 219/2016) against appellant-applicant Ravi

Kumar S/o Shyam Lal 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 14.09.2023 and 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.

[2023:RJ-JD:25645-DB] (4 of 4) [SOSA-909/2023]

7. 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.

(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J

53-Mohan/-

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