Bajrang Lal vs State Of Rajasthan ...
2023 Latest Caselaw 4462 Raj

[2023/RJJD/014783]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 222/2023

Bajrang Lal S/o Sh. Shankar Lal, Aged About 22 Years, B/c Jat Godara, R/o Vill. Barsinghsar, P.s. Deshnok. Presently R/o Kheteshwar Basti, Opp. Kheteshwar Temple, P.s. Gangashar, Bikaner. (Presently Lodged In Central Jail, Bikaner).

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

----Respondent

For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Pradeep Choudhary.

Ms. Sampati Choudhary.

For Respondent(s) : Mr. B.R. Bishnoi, P.P.

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

11/05/2023

1. The appellant-applicant herein has been convicted and

sentenced as below vide judgment dated 15.10.2019 passed by

the learned Additional Sessions Judge No.4, Bikaner, in Sessions

Case No.25/2016:

Offences             Sentence                   Fine
395/149 IPC          Life Imprisonment Rs.5000/- and in default of
                                       which to further undergo 6
                                       months S.I.
364d/149 IPC         Life Imprisonment Rs.5,000/- and in default of
                                       which to further undergo 6
                                       months S.I.
147 IPC              2 years S.I.               Rs.1,000/- and in default of
                                                which to further undergo one
                                                month S.I.
323/149 IPC          1 year S.I.                Rs.1,000/- and in default of


 [2023/RJJD/014783]                      (2 of 4)                    [SOSA-222/2023]


                                                   which to further undergo one
                                                   month S.I.
342 IPC               1 year S.I.                  Rs.1,000/- and in default of
                                                   which to further undergo one
                                                   month S.I.

2. The appellant-applicant has preferred the application for

suspension of sentence under Section 389 Cr.P.C. for release on

bail during the pendency of the appeal.

3. It is submitted by learned counsel for the applicant that

there is no evidence on record against the applicant having

kidnapped or abducted Chimanlal or keep him in detention /

threatened to cause death or hurt or by his conduct giving rise to

a reasonable apprehension that he may be put to death.

4. Further submissions were made that there is no evidence

regarding committing the dacoity or attempt to commit dacoity.

The only allegation made against the applicant pertains to his

being on the side seat of the car being driven by co-accused Ravi

Aggarwal, which it was alleged belong to Chimanlal and he along

with Ravi Aggarwal went for collecting the amount of ransom.

5. Submissions have been made that at the time of alleged

incident, the applicant was aged 19 years only and he is in

custody now for over 7 years without remission and about 8 years

with remission and there are no antecedent act against the

applicant and hearing of the appeal is likely to take a long time

and, therefore, he be enlarged on bail.

6. Learned Public Prosecutor vehemently opposed the

submissions and submitted that looking to the fact that applicant

has been found involved in heinous offence like kidnapping and

[2023/RJJD/014783] (3 of 4) [SOSA-222/2023]

has been found guilty of hatching criminal conspiracy, the

application seeking suspension of sentence be dismissed.

7. Having considered the totality of facts and circumstances of

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

likelihood of hearing of the appeal taking substantially long time,

without making observation on the merit, we consider it just and

proper to suspend the substantive sentence awarded to the

appellant - applicant Bajrang Lal S/o Sh. Shankar Lal during the

pendency of the appeal.

8. Accordingly, the instant application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that sentence passed the learned Additional Sessions

Judge No.4, Bikaner, in Sessions Case No.25/2016 against the

appellant-applicant Bajrang Lal S/o Sh. Shankar Lal, shall remain

suspended till final disposal of the aforesaid appeal and he shall be

released on bail, 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 learned trial Judge for his appearance in this court

on 01/06/2023 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 applicant change 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(s) they will give in writing their changed address to the trial court.

[2023/RJJD/014783] (4 of 4) [SOSA-222/2023]

9. The learned trial court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case relating to original case in which the accused-

applicant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not been taken into account for statistical purpose relating to

pendency and disposal of the cases in the trial court. In case the

said accused-applicant did not appear before the trial court,

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J 26-Sumit/-

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