Rajasthan High Court - Jodhpur
Bhura Ram vs State Of Rajasthan ... on 3 May, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/013284] (1 of 4) [SOSA-106/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Second Suspension Of Sentence Application
(Appeal) No. 106/2023
Bhura Ram S/o Sh. Mukna Ram, Aged About 56 Years, R/o
Kitalsar, Ps - Degana District Nagaur. (Presently Lodged In
Central Jail, Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc. Second Suspension Of Sentence Application
(Appeal) No. 1019/2022
Kailash S/o Hanuman Singh, Aged About 41 Years, R/o Mokalpur,
Ps Gotan, Dist. Nagaur. (Presently Lodged At Central Jail,
Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Misc. Second Suspension Of Sentence Application
(Appeal) No. 1271/2022
Bhagwan Ram S/o Nathu Ram, Aged About 36 Years, Maukalpur,
Police Station Gotan, District Nagaur.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ranjeet Joshi.
Mr. RS Gill.
Mr. Bhawani Singh.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
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[2023/RJJD/013284] (2 of 4) [SOSA-106/2023]
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/05/2023
1. Heard learned counsel for the parties and perused the
material available on record.
2. Learned counsels for the appellant-applicants have pointed
out that the alleged incident happened on 03.09.2016. They
further submit that the custody period of the Kailash is six years
seven months and twenty days, custody period of Bhagwan Ram
is two years, five months and twenty three days and custody
period of Bhura Ram is two years, six months and two days
respectively.
3. Learned counsels for the appellant-applicants further submits
that the big change in circumstances is the prolonged custody of
the appellant-applicants.
4. Learned counsels for the appellant-applicants also point out
from the impugned judgment that certain part of the allegations
were omnibus in nature. It is also contended that Bhura Ram and
Bhagwan Ram were on bail during trial.
5. Learned Public Prosecutor opposes the application.
6. Having considered the totality of facts and circumstances of
the case and on conjoint consideration of the submissions made
by learned counsels for the appellant-applicants, this Court
considers it just and proper to suspend the substantive sentence
awarded to the accused applicant-appellants.
7. Accordingly, these second suspension of sentence
applications filed under Sec.389 Cr.P.C. are allowed and it is
ordered that the substantive sentence passed by the trial court
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[2023/RJJD/013284] (3 of 4) [SOSA-106/2023]
vide judgment dated 17.03.2021 in Sessions Case No.05/2017
against applicant-appellants (1) Bhura Ram S/o Sh. Mukna
Ram, (2) Kailash S/o Hanuman Singh and (3) Bhagwan
Ram S/o Nathu Ram shall remain suspended till final disposal of
the aforesaid appeal, provided they 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/ Link Court for their
appearance in this court on 05.06.2023 and whenever ordered to
do so, till the disposal of the appeal on the conditions indicated
below:-
1. That he/they will appear before the trial Court in
the month of January of every year till the appeal
is decided.
2. That if the appellant-applicants change the place
of residence, they/he will give in writing his/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,
they will give in writing their changed address to
the trial Court.
8. The learned trial Court shall keep the record of attendance of
the accused-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants were tried and convicted. A copy of this order
shall also be placed in that file for ready reference. Criminal Misc.
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[2023/RJJD/013284] (4 of 4) [SOSA-106/2023]
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-appellants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
201-/Jitender//-
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