Shanti Lal Mali vs State Of Rajasthan ...
2023 Latest Caselaw 1113 Raj

[2023/RJJD/002515]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 922/2022

Shanti Lal Mali S/o Shri Bhanwar Lal Mali, Aged About 50 Years, R/o Kismidesar, Police Station Gangashahar, Bikaner. (Presently Lodged In Central Jail, Bikaner)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Manish Shishodiya, Sr. Advocate assisted by Mr. A. S. Rathore For State : Mr. B. R. Bishnoi, PP

For Complainant : Mr. Amardeep Lamba

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE FARJAND ALI

Order

27/01/2023

Heard learned counsel for the parties on the application

suspension of sentence.

The instant application for suspension of sentence has been

preferred on behalf of the appellant-applicant, who has been

convicted and sentenced by the Additional Sessions Judge No.7,

Bikaner vide judgment dated 16.05.2022 in Sessions Case

No.74/2020. The appellant-applicant has been sentenced as

under :-

Offence U/s Sentence Fine Sentence in default of payment of fine 148 IPC 1 Year's SI Rs.1,000/- 10 days' S.I.

[2023/RJJD/002515] (2 of 4) [SOSA-922/2022]

302/149 IPC Life Rs. 10,000/- 3 month's S.I.

            Imprisonment
341 IPC         1 Month's S.I.              -----                       ----
323/149 IPC 6 Months' S.I. Rs. 1,000/-                             10 Days' S.I.
324/149 IPC 1 Year's S.I.             Rs. 1,000/-                  10 Days' S.I.
326/149 IPC 3 Years' S.I.             Rs.10,000/-                  3 Months' S.I.

Learned counsel for the appellant-applicant has submitted

that from the statements of the eye-witnesses, namely, Amit

(P.W.-1), Radha Devi (P.W.-3) and Omprakash (P.W.-7), it can be

gathered that the fatal injury on the body of the deceased was

attributed to co-accused Hanuman. It is also submitted that no

recovery of any weapon has been effected at the instance of the

appellant-applicant and the weapon, which might has been used

for causing injuries upon the deceased was recovered at the

instance of co-accused Hanuman only. It is also submitted that

except co-accused Hanuman, sentence of all other co-accused

persons has been suspended. Learned counsel has further

submitted that the appellant-applicant was arrested on

08.12.2012 and since then he is in custody, as such, he has

already served out more than ten years' of sentence. It is also

submitted that the final hearing of the appeal filed by the

appellant-applicant is likely to take time.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed this application for

suspension of sentence.

Having considered the totality of facts and circumstances of

the case, after carefully scrutinizing the record of the case and

particularly taking into consideration the custody period of the

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appellant-applicant, we consider it just and proper to suspend the

substantive sentence awarded to the appellant-applicant.

Accordingly, this application for suspension of sentence filed

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

substantive sentence passed by the Additional Sessions Judge

No.7, Bikaner vide judgment dated 16.05.2022 in Sessions Case

No.74/2020 against appellant - Shanti Lal Mali S/o Shri Bhanwar

Lal Mali shall remain suspended till final disposal of the aforesaid

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 14.03.2023 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.

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

[2023/RJJD/002515] (4 of 4) [SOSA-922/2022]

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.

                                   (FARJAND ALI),J                                              (VIJAY BISHNOI),J


                                    29-AjaySingh/-









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