Rajasthan High Court
Bhanwar Singh S/O Late Shri Pratap ... vs State Of Rajasthan on 1 March, 2023
Bench: Ashok Kumar Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application Nos.
85/2023 & 1647/2022
In
S.B. Criminal Appeal No. 2371/2022
1. Bhanwar Singh S/o Late Shri Pratap Singh, Aged About
27 Years, R/o Meiee, Rajanpura, Police Station
Dantaramgarh, District Sikar (At Present Confined In
District Jail, Sikar)
2. Ram Singh S/o Late Shri Pratap Singh, Aged About 22
Years, R/o Maiee, Rajanpura, Police Station
Dantaramgarh, District Sikar (Raj) (At Present Confined
In District Jail Sikar)
----Appellants
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Ms. Raju Kanwar, sister of the
appellants, present in person
For Respondent(s) : Mr. Arvind Kumar, PP
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
01/03/2023
The applications have been preferred against order of
conviction and sentence dated 15.11.2022 passed by learned
Additional Session Judge, Dantaramgarh, District Sikar in Sessions
Case No. 14/2019 (CIS No.14/2019) whereby the appellants have
been convicted and sentenced as under:
Under Section 341 IPC:
One month simple imprisonment.
Under Section 323 IPC:
(2 of 4) [SOSA-85/2023]
Six months simple imprisonment.
Under Section 324 IPC:
One year rigorous imprisonment and a fine of Rs. 10,000/- in
default of payment of fine to further undergo two months
additional simple imprisonment.
Under Section 325/34 IPC:
Three years rigorous imprisonment and a fine of Rs.
20,000/- in default of payment of fine to further undergo
three months additional simple imprisonment.
Under Section 326 IPC:
Five years rigorous imprisonment and a fine of Rs. 30,000/-
in default of payment of fine to further undergo four months
additional simple imprisonment.
Ms. Raju Kanwar, sister of the appellants is present in person
before the Court and submits that except the present case, there
is no other case instituted or pending against any of these two
appellants. She submits that sentence with respect to one of the
appellants Madan Kanwar was already suspended by this Court
and the case of the present appellants is also similar with him.
She submits that both the appellants were on bail during trial and
after conviction and sentence under Section 326 along with other
offences, both the appellants were taken into custody by learned
trial Court. She submits that both the appellants are labourers and
sole bread earner of the family. The disposal of appeal with take
its own time. She further submits that the order passed by the
learned trial Court indicate that there was dispute with regard to
agricultural land and out of vengeance, both appellants were
framed by the injured Gopal Singh. She submits that injured has
(3 of 4) [SOSA-85/2023]
not named any of these appellants for inflicting specific grievous
injuries. She submits that accused appellants may kindly be
released on bail after suspension of sentence during the pendency
of appeal.
Aforesaid contentions were opposed by learned Public
Prosecutor. He submits that except Madan Kanwar, no other
criminal antecedents are reported against the present appellants.
This Court on 06.12.2022 has allowed application for
suspension of sentence with respect to one of the appellants
Madan Kanwar. The record indicate that both the appellants
accused are real brothers and were enlarged on bail during the
trial.
I have gone through the deposition made by PW-7 Gopal
Singh, who is injured. Looking to the facts and circumstances of
the case, but without commenting upon the merits of the case,
this is first statutory appeal by appellants accused. The grounds of
assailing the judgment of learned trial Court has been indicated in
memo of appeal and also in the oral argument submitted by sister
of the appellants, therefore, it is deemed appropriate to suspend
sentence of appellants accused Bhanwar Singh S/o Late Shri
Pratap Singh and Ram Singh S/o Late Shri Pratap Singh till
disposal of appeal with the condition that each of them would
execute 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 11.04.2023 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
(4 of 4) [SOSA-85/2023]
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.
Misc. Applications be disposed of.
(ASHOK KUMAR JAIN),J
PREETI VALECHA /11
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