Chunni Lal vs State Of Rajasthan ...
2023 Latest Caselaw 6253 Raj

[2023:RJ-JD:26614-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B. Criminal Misc Suspension of Sentence Application (Appeal) No. 809/2023 in D.B. Criminal Appeal No.119/2023

Chunni Lal S/o Heeraji Jatiya, aged about 51 years, Resident of Songara Khera, P.S. Bengu, Dist. Chittorgarh.

(At present undergoing sentence at Central Jail, Udaipur).

                                                                       ----Petitioner
                                       Versus
State of Rajasthan
                                                                     ----Respondent


For Petitioner(s)             :    Mr. R.K. Charan.
For Respondent(s)             :    Mr. B.R. Bishnoi, PP.


            HON'BLE MR. JUSTICE ARUN BHANSALI

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order 23/08/2023

1. The instant application for suspension of sentence under

Section 389 Cr.P.C. has been preferred on behalf of applicant

Chunni Lal who has been convicted and sentenced vide judgment

dated 30.09.2022 passed by Additional Sessions Judge, Bengu,

District Chittorgarh in Session Case No.44/2021 (38/2015). The

appellant-applicant has been sentenced as under:-

     Offences              Sentence                                 Fine
     304 IPC        Imprisonment for Rs.1,00,000/- with default
                    life             stipulation to further undergo
                                     three years' additional simple
                                     imprisonment.
     341 IPC        One      month's Rs.500/-       with     default
                    simple           stipulation to further undergo
                    imprisonment     seven days' additional simple
                                     imprisonment.



 [2023:RJ-JD:26614-DB]                   (2 of 3)                    [SOSA-809/2023]


     342 IPC        One year's simple Rs.1,000/-      with    default
                    imprisonment      stipulation to further undergo
                                      three     months'    additional
                                      simple imprisonment.

2. It is submitted by counsel for the applicant that in D.B.

Criminal Misc. Suspension of Sentence Application (Appeal)

No.1110/2022 filed by co-convicts, namely, Mohan Lal and Smt.

Lali, this Court vide order dated 26.05.2023 has suspended the

substantive sentences awarded to them and that there is no

difference qua the allegations made against them. It is thus

averred that the applicant is similar to that of co-convicts, Mohan

Lal and Smt. Lali, he may also accorded similar treatment.

3. Learned Public Prosecutor is not in a position to dispute the

fact that role of the applicant is similar to that of Mohan Lal and

Smt. Lali, whose sentences have already been suspended by order

dated 26.05.2023.

4. We have considered the submissions made by counsel for the

parties and have perused the record of the case.

5. Having regard to submissions made by counsel for the

parties and considering the fact that the substantive sentences

awarded to co-convicts has already been suspended by this court,

without making going in to merits of the case, we are inclined to

suspend the substantive sentence of the appellant-applicant,

namely, Chunni Lal S/o Heeraji Jatiya, during the pendency of the

appeal.

6. Accordingly, this application for suspension of sentence filed

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

substantive sentence passed by the Additional Sessions Judge,

Bengu, District Chittorgarh vide judgment dated 30.09.2022 in

[2023:RJ-JD:26614-DB] (3 of 3) [SOSA-809/2023]

Session Case No.44/2021 (38/2015) against appellant-applicant

Chunni Lal S/o Heeraji Jatiya 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 22.09.2023 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.

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 (ARUN BHANSALI),J 59-DJ/-

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