Rajasthan High Court
Dwarka Lal S/O Radhakishan vs State Of Rajasthan on 9 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No. 1659/2022
In
S.B. Criminal Appeal No. 2375/2022
1. Dawarka Lal S/o Radhakishan, Aged About 62 Years, R/o
Dobada Police Station Khanpur, District Jhalawar (Accused
Appellant At Present Confined In District Jail Jhalawar)
2. Mahendar S/o Mangilal, Aged About 40 Years, R/o Dobada
Police Station Khanpur, District Jhalawar (Accused
Appellant At Present Confined In District Jail Jhalawar)
3. Balram S/o Radhkishan, Aged About 47 Years, R/o
Dobada Police Station Khanpur, District Jhalawar (Accused
Appellant At Present Confined In District Jail Jhalawar)
4. Babulal S/o Nandlal, Aged About 42 Years, R/o Dobada
Police Station Khanpur, District Jhalawar (Accused
Appellant At Present Confined In District Jail Jhalawar)
----Appellants
Versus
1. State Of Rajasthan, Through P.p
2. Pramanand S/o Shree Amarlal Meena, Aged About 55
Years, R/o Bhagwanpura, Police Station Khanpur, District
Jhalawar.
----Respondents
For Appellant(s) : Mr. G.L. Choudhary
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/01/2023
Heard learned counsel for the accused appellants and
learned Public Prosecutor on the application for suspension of
sentence and perused the judgment impugned dated 16.11.2022
(2 of 3) [SOSA-1659/2022]
passed by learned Special Judge, SC/ST Act (POA) Cases Jhalawar
whereby the accused appellants have been convicted for the
offence punishable under sections 148, 341, 308 IPC and Section
3-1(x) of SC/ST Act and have been sentenced to maximum five
years simple imprisonment along with fine of Rs. 10,000/- and on
non payment of the fine they will further suffer three months
simple imprisonment.
Learned counsel for the accused-appellants submits that the
facts and circumstances of the case do not bring the matter within
the ambit of Section 308 IPC and the injuries allegedly inflicted
upon the victim were not such that if as a consequence of which
the victim would have died, it would be a case of culpable
homicide not amounting to murder.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellants.
The accused-appellant are behind the bars and the hearing
of appeal is likely to take further more time, therefore, considering
the overall submissions and looking to the totality of facts and
circumstances of the case while refraining from passing any
comments on the niceties of the matter and the defects of the
prosecution as the same may put an adverse effect on hearing of
the appeal, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, SC/ST Act (POA)
Cases Jhalawar, vide judgment dated 16.11.2022 in Sessions Case
No. 107/2015 against the appellant-applicants Dawarka Lal S/o
Radhakishan, Mahendar S/o Mangilal, Balram S/o Radhkishan and
(3 of 3) [SOSA-1659/2022]
Babulal S/o Nandlal, 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
10.02.2023 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court as
well as to the counsel 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
PREETI VALECHA /194
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