State Of Rajasthan vs Bhalla Ram @ Bhanwar Lal
2023 Latest Caselaw 5861 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc(Pet.) No. 2660/2023

State Of Rajasthan, Through Pp

----Petitioner Versus

1. Bhalla Ram @ Bhanwar Lal S/o Purnaram, B/c Meghwal, R/o Taranagar, Churu.

2. Purnaram / Bhanwaram Meghwal, Taranagar, Ayuna Ward No. 1, Churu.

3. Dungarsingh S/o Rawat Singh Ranput, R/o Taranagar, Aguna Ward No. 4, Taranagar, Churu.

----Respondents CONNECTED WITH D.B. Criminal Appeal No. 922/2007 Bhalla Ram @ Bhanwar Lal S/o Purnaram, B/c Meghwal, R/o Taranagar, Churu.

----Appellant Versus State of Rajasthan

----Respondent

For Petitioner/Respondent-State : Mr. R.R. Chhaparwal, P.P.

For Appellant/Respondent(s) : Mr. J.D.S. Bhati

Present in person : Mr. Vijay Kumar, Constable, P.S. Taranagar, Churu

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

Order

14/08/2023

The accused appellant/respondent No.1 viz. Bhalla Ram @

Bhanwar Lal S/o Purnaram was convicted and sentenced vide

judgment dated 30.07.2007 passed by the Additional Sessions

(2 of 4) [CRLMP-2660/2023]

Judge, Rajgarh, District Churu (hereinafter to be referred as 'the

trial court') in Sessions Case No.1/2007.

This Court vide order dated 06.12.2013 suspended the

sentence of accused appellant/respondent No.1 - Bhalla Ram @

Bhanwar Lal subject to the conditions that (i) he shall execute a

personal bond of Rs.25,000/- along with two sureties of likewise

amount to the satisfaction of the trial court and (ii) he shall

appear before the trial court for marking his presence in the

month of January of every year.

Upon furnishing the personal bond and two sureties, accused

appellant/respondent No.1 - Bhalla Ram @ Bhanwar Lal was

released from jail, however, in the month of January 2020, he was

failed to mark his presence before the trial court.

In view of the above facts and circumstances, this Court

gave some time to the police to trace out accused

appellant/respondent No.1 - Bhalla Ram @ Bhanwar Lal, however,

when the police failed to trace him out then on 01.05.2023, his

bail bonds were forfeited and order for issuance of arrest warrant

was issued against him and simultaneously proceeding under

Section 446 Cr.P.C. was also ordered to be initiated qua the

sureties i.e. respondent Nos.2 and 3 viz. Purnaram and

Dungarsingh.

Pursuant to the said proceedings, notices were served upon

the sureties i.e. respondent Nos.2 and 3 viz. Purnaram and

Dungarsingh and learned counsel Mr. J.D.S. Bhati appeared on

their behalf.

(3 of 4) [CRLMP-2660/2023]

Meanwhile, the police have also arrested the accused

appellant/respondent No.1 - Bhalla Ram @ Bhanwar Lal and he is

also produced before this Court today.

An application has been preferred on behalf of the sureties

i.e. respondent Nos.2 and 3 viz. Purnaram and Dungarsingh with a

prayer to remit the portion of penalty.

Learned counsel appearing for the sureties i.e. respondent

Nos.2 and 3 viz. Purnaram and Dungarsingh has argued that as a

matter of fact the accused appellant/respondent No.1 - Bhalla

Ram @ Bhanwar Lal absconded without informing them. It is also

submitted that the above named sureties have tried their best to

trace out the accused appellant/respondent No.1, however, they

have failed to do so.

Ultimately, when the accused appellant/respondent

No.1 - Bhalla Ram @ Bhanwar Lal reached his village day before

yesterday, the sureties i.e. respondent Nos.2 and 3 viz. Purnaram

and Dungarsingh have immediately informed the police and the

police have thereafter arrested the accused appellant/respondent

No.1 - Bhalla Ram @ Bhanwar Lal.

Learned counsel appearing for the sureties i.e. respondent

Nos.2 and 3 viz. Purnaram and Dungarsingh has submitted that as

a matter of fact the above named sureties stood as sureties of

accused appellant/respondent No.1 - Bhalla Ram @ Bhanwar Lal

in the belief that he will abide by the conditions mentioned in the

order of suspension of his sentence. It is, therefore, prayed that

this Court may consider for waiving of the penalty.

(4 of 4) [CRLMP-2660/2023]

Taking into consideration the above facts and circumstance

of the case and also taking into consideration the fact that the

sureties i.e. respondent Nos.2 and 3 viz. Purnaram and

Dungarsingh have immediately informed the police as and when

they came to know about the accused appellant/respondent

No.1 - Bhalla Ram @ Bhanwar Lal, we deem it appropriate to

waive the entire amount of penalty imposed upon the sureties i.e.

respondent Nos.2 and 3 viz. Purnaram and Dungarsingh while

initiating the proceedings under Section 446 Cr.P.C.

Accordingly, the entire amount of penalty imposed upon the

sureties i.e. respondent Nos.2 and 3 viz. Purnaram and

Dungarsingh are waived and the proceeding initiated under

Section 446 Cr.P.C. against them stands closed.

The accused appellant/respondent No.1 - Bhalla Ram @

Bhanwar Lal be sent to the judicial custody for serving out the

remaining sentence.

With these observations, the criminal misc. petition is

disposed of.

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

Abhishek Kumar S.Nos.33-34

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