Banti @ Gajendra S/O Narayan @ ... vs State Of Rajasthan
2023 Latest Caselaw 108 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S.B. Cr. Misc. Suspension of Sentence Application No.215/2022
                                        IN
                 S.B. Criminal Appeal No. 301/2022

Banti @ Gajendra S/o Narayan @ Bukla, R/o Pancholi Police
Station Mandrayal At Present Resident Of Tapra Janved Ka Pura
Police Station Langra District Karauli Rajasthan ( At Present
Confined At District Jail Karauli)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through P.p
                                                                 ----Respondent

Connected With S.B. Criminal Misc. Suspension of Sentence Application No.261/2022 IN S.B. Criminal Appeal (Sb) No. 302/2022 Mahesh S/o Narayan @ Bukla, R/o Pancholi Police Station Mandrayal At Present Resident Of Tapra Janved Ka Pura Police Station Langra District Karauli Rajasthan (At Present Confined At District Jail Karauli)

----Appellant Versus State Of Rajasthan, Through P.p

----Respondent

For Appellant(s) : Mr. Abdul Kalam Khan with Mr. Abdul Rahim Khan For Respondent(s) : Mr. Sher Singh Mahala, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/01/2023

Heard learned counsel for the accused-appellants and

learned Public Prosecutor on the applications for suspension of

(2 of 4) [SOSA-215/2022]

sentence and perused the judgment impugned dated 14.02.2022

passed by Special Judge Dacoity affected area cases (District &

Session Judge) Karauli, Rajasthan in Special Sessions Case

No.78/2014 (CIS No.663/2014) whereby the accused-appellants

have been convicted for the offences punishable under sections

147, 148, 332/149, 353/149, 342/149 and 394/397 of I.P.C and

have been sentenced with maximum of six years along with fine of

Rs.5000/-.

Learned counsel for the accused-appellants submits that

even if the allegations, as levelled by the prosecution, are taken in

their entirety, no offence under Section 397 is made out. Nothing

is there on record to show that the appellants were committing

robbery or dacoity or they used deadly weapons or caused

grievous hurt or attempted to cause death of the victim.

Therefore, the conviction made under Section 397 of the IPC by

the learned trial Court, is not sustainable in the eyes of law. He

further submits that there was no pre-meditation. The respondent

was from the same village and a dispute arose in between them

with respect to digging of bore-well on a particular place and then,

they scuffled in which the victim Heera Lal received simple

injuries. As per the statement of PW-13 and the MLC report (Ex-

P-13), the victim Heera Lal received abrasion on his right elbow;

some swelling was found on his right shoulder; and swelling was

also noticed on his right arm and back (scapular region). All the

injuries were found to be caused by plain object and the nature of

injuries was simple. In this view of the matter, learned counsel

submits that basing the conviction of the appellant on the

evidence brought on record would not be justifiable. The appellant

(3 of 4) [SOSA-215/2022]

has a strong arguable case in his favour. They were on bail during

trial and never misused the liberty granted in their favour.

Therefore, the applications for suspension of sentence may be

granted and their sentence may be suspended.

Learned Public Prosecutor has vehemently opposed the

prayer made by learned counsel for the accused-appellants.

Considering the overall submissions of the parties and

looking to the totality of facts and circumstances of the case while

refraining from passing any comments on the niceties of the

matter, this court is of the opinion that it is a fit case for

suspending the sentence awarded to the accused-appellants.

Accordingly, the applications for suspension of sentence filed

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

sentence passed by the learned Special Judge Dacoity affected

area cases (District & Session Judge) Karauli, Rajasthan vide

judgment dated 14.02.2022 in Sessions Case No. 78/2014 against

the appellant-applicants- Banti @ Gajendra S/o Narayan @

Bukla and Mahesh S/o Narayan @ Bukla shall remain

suspended till final disposal of the aforesaid appeal and they shall

be released on bail provided each of them 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 their

appearance in this court on 13.02.2023 and whenever ordered to

do so till the disposal of the appeal on the conditions indicated

below:-

1. That they will appear before the trial Court in the month of January of every year till the appeal is decided.

(4 of 4) [SOSA-215/2022]

2. That if the applicants change the place of residence, they will give in writing their changed address to the trial Court as well as to their counsel(s) in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J

Keshav/109-110

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