Rajasthan High Court - Jodhpur
Shankar Lal vs State Of Rajasthan ... on 14 August, 2023
Bench: Vijay Bishnoi, Rajendra Prakash Soni
[2023:RJ-JD:25632-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. 2nd Suspension Of Sentence Application
(Appeal) No. 598/2023
Shankar Lal S/o Shri Shivratan, Aged About 49Years, Resident Of
Village Sindhu, Police Station Nokha, Tehsil Nokha, District
Bikaner.
(Presently Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Deepak Menaria
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 sentence.
2. Learned counsel for the appellant/applicant has submitted
that the trial court has committed error while convicting the
appellant for the offence under Section 307 of IPC. Learned
counsel while inviting our attention towards the statement of
Investigating Officer (PW-13) has submitted that from his
statement, it is clear that only one firearm i.e. pistol has been
recovered in the case and that too from co-accused Birbal and not
from the present appellant. It is further submitted that there is no
allegation against the appellant of firing any gunshot. It is also
submitted that the injuries sustained by the injured persons are
[2023:RJ-JD:25632-DB] (2 of 3) [SOSA-598/2023]
simple in nature and in such circumstances, it cannot be said that
the appellant is guilty of committing offence under Section 307
IPC. It is further submitted that during trial the appellant was on
bail and as of now, he has served out a sentence of around 6
years and 8 months. It is further submitted that there is every
likelihood that hearing of the appeal filed by the appellant is likely
to take time, therefore, the sentence awarded to him by the trial
court may be suspended
3. Learned Public Prosecutor has opposed the application for
suspension of sentence and argued that this Court vide order
dated 05.02.2020 has rejected the application for suspension of
sentence filed on behalf of the appellant while observing that
prima facie case for offence under Section 307/34 IPC is made
out. It is further argued that involvement of the appellant in
commission of crime is writ large, hence, his sentences are not
liable to be suspended.
5. Having heard learned counsel for the parties; after going
through the record and particularly taking into consideration the
fact that the appellant was on bail during trial and has served out
sentence of around 6 years and 8 months till date; without
expressing any opinion on the merits of the case, we deem it
appropriate to suspend the sentences awarded to the appellant.
6. Accordingly, this application for suspension of sentence filed
under Sec.389 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned Additional Sessions Judge No.3,
Bikaner vide judgment dated 19.11.2019 in Sessions Case
No.34/2012 against applicant-appellant Shankar Lal S/o Shri
[2023:RJ-JD:25632-DB] (3 of 3) [SOSA-598/2023]
Shivratan shall remain suspended till final disposal of the appeal,
provided he executes a personal bond in the sum of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned trial court for his appearance in this Court on 21.09.2023
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 applicant-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-applicant-appellant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant-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-applicant-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
50-Payal/-
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