Rajasthan High Court - Jodhpur
Prabhu Lal vs State Of Rajasthan-State ... on 20 December, 2023
Bench: Vijay Bishnoi, Nupur Bhati
[2023:RJ-JD:44635-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1536/2023
Prabhu Lal S/o Shri Bhana Meena, Aged About 42 Years, B/c
Meena R/o Village Hari Singh Ji Ka Kheda, P.s. Chotti Sadri,
District Pratapgarh (At Present Lodged In Central Jail, Udaipur)
----Petitioner
Versus
1. State Of Rajasthan-State, Through Pp
2. Veni Ram S/o Shri Megha Ji Meena, Aged About 43 Years,
B/c Meena R/o Village Hari Singh Ji Ka Kheda, P.s. Choti
Sadri, Dist. Pratapgarh
----Respondents
For Petitioner(s) : Mr. Kaluram Bhati
Mr. Naresh Chawariya
For Respondent(s) : Mr. B. R. Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE DR. JUSTICE NUPUR BHATI
Judgment / Order
20/12/2023
Heard learned counsel for the parties on the application for
suspension of sentence.
The instant application for suspension of sentence has been
preferred by the appellant-applicant, who has been convicted and
sentenced by Special Judge, SC/ST (Prevention of Atrocities
Cases), Pratapgarh vide judgment dated 05.01.2021 in Sessions
Case No.17/2016. The appellant-applicant has been sentenced as
under :-
[2023:RJ-JD:44635-DB] (2 of 4) [SOSA-1536/2023]
Offence U/s Sentence Fine Sentence in default
of payment of fine
302 IPC Life Rs.10,000/- One Year's Additional
Imprisonment S.I.
460 IPC Ten Years' S.I. Rs.10,000/- Six Months' S.I.
341 IPC One Month's Rs.500/- Seven Days' S.I.
S.I.
323/34 IPC One Year's S.I. Rs.1,000/- Fifteen Days' S.I.
Learned counsel for the appellant-applicant has argued that
the trial court has grossly erred in convicting and sentencing the
appellant-applicant vide impugned judgment. Learned counsel for
the appellant-applicant has further submitted that there is
contradiction in the statements of eye-witnesses namely Nanda
(PW-1), Gautam (PW-2), Smt. Bhagwani (PW-5), Limba (PW-6),
Smt Kankudi (PW-9), Veniram (PW-10) and Smt. Khudi Bai
(PW-11). It is further submitted that a quarrel took place between
the complainant and the accused party with regard to grazing
cattle in the agricultural field of the complainant. It is also
submitted that from the above facts and circumstances, it can be
gathered that the appellant-applicant along with other co-accused
persons had no intention to kill the deceased. It is further argued
that sentence of co-accused Tulsi Ram has already been
suspended by this Court vide order dated 03.11.2023 and case of
the appellant-applicant stands on the same footing.
Per contra, learned Public Prosecutor has opposed this
application for suspension of sentence, however, he is not in a
position to dispute the fact that the case of co-accused Tulsi Ram
[2023:RJ-JD:44635-DB] (3 of 4) [SOSA-1536/2023]
is similar to the case of present appellant-applicant.
Having regard to the overall facts and circumstances of the
case; after carefully scrutinizing record of the case; taking into
consideration the fact that sentence of co-accused Tulsi Ram has
already been suspended by this Court and the case of appellant-
applicant stands on the same footing and without expressing any
opinion on the merits of the case, we deem it appropriate to
suspend the sentence awarded to the appellant-applicant by the
trial court.
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 the Special Judge, SC/ST (Prevention of
Atrocities Cases), Pratapgarh vide judgment dated 05.01.2021 in
Sessions Case No.17/2016 against appellant-applicant - Prabhu
Lal S/o Shri Bhana Meena 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 Judge for his appearance in this
Court on 30.1.2024 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.
[2023:RJ-JD:44635-DB] (4 of 4) [SOSA-1536/2023]
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-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.
(DR. NUPUR BHATI),J (VIJAY BISHNOI),J
73-DivyaTak/-
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