Basant Lal vs State Of Rajasthan ...
2023 Latest Caselaw 4521 Raj

[2023/RJJD/014890]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 181/2023

1. Basant Lal S/o Sh. Nathu, Aged About 49 Years,

2. Prakash S/o Basant Lal, aged about 25 years,

3. Shanti Lal S/o Nathu, aged about 44 years,

4. Smt. Savita W/o Basant Lal, aged about 44 years, All R/o Piplara Ps Arthuna Dist. Banswara (Presently Lodged In Central Jail Udaipur)

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

----Respondent

For Petitioner(s) : Mr. Devendra Sanwalot for Mr. Brijesh Purohit.

For Respondent(s) : Mr. R.R. Chhaparwal, P.P.

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

12/05/2023 Qua applicants - Basant Lal and Prakash

1. Learned counsel for the applicants does not press the bail

application qua applicants - Basant Lal and Prakash S/o Basant

Lal.

2. The application seeking suspension of sentence qua

applicants - Basant Lal and Prakash is dismissed as not pressed.

Qua applicants - Shanti Lal and Smt. Savita

1. The appellants-applicants herein have been convicted and

sentenced as below vide judgment dated 27.1.2023 passed by the

learned Additional Sessions Judge, Banswara, in Sessions Case

No.131/2018:

 [2023/RJJD/014890]                     (2 of 4)                    [SOSA-181/2023]




Offences             Sentence                     Fine
147 IPC              2 years R.I.                 Rs.2,000/- and in default of
                                                  which to further undergo 2
                                                  months R.I.
148 IPC              2 years R.I.                 Rs.3,000/- and in default of
                                                  which to further undergo 3
                                                  months R.I.
447/149 IPC          3 months R.I.                Rs.500/- and in default of
                                                  which to further undergo one
                                                  month R.I.
323/149 IPC          1 year R.I.                  Rs.1,000/- and in default of
                                                  which to further undergo 2
                                                  months R.I.
302/149 IPC          Life Imprisonment Rs.1,00,000/- and in default
                                       of which to further undergo 6
                                       months R.I.

2. The appellants-applicants have preferred the application for

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

bail during the pendency of the appeal.

3. Qua applicants Shanti Lal and Smt. Savita, submissions have

been made that co-accused Smt. Rangana W/o of Shanti Lal

against whom similar allegations were made as against the

applicants has been granted suspension of sentence by this Court

in D.B. Criminal Misc. Suspension of Sentence Application (Appeal)

No.124/2023 and case of the present applicants is not different

from said Smt. Rangana, wherein, the complainant in her

statement made specific allegations that fatal injury on the body

of deceased, were made by Basant Lal and Prakash and the only

allegation against the present applicants were that they were part

of unlawful assembly along with Smt. Rangana, Kalpesh and

Kamal and against Kalpesh and Kamal, no charge-sheet was filed.

[2023/RJJD/014890] (3 of 4) [SOSA-181/2023]

4. Further submissions were made that applicant - Savita was

on bail during trial and applicant - Shanti Lal is in custody for over

5 years now, the hearing of the appeal is likely to take sufficiently

long time and, therefore, applicants may be enlarged on bail.

5. Learned Public Prosecutor opposed the submissions.

6. 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

appellants - applicants Shanti Lal and Smt. Savita during the

pendency of the appeal.

7. Accordingly, the instant application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed qua

applicants - Shanti Lal and Smt. Savita and it is ordered that

sentence passed by the learned Additional Sessions Judge,

Banswara, in Sessions Case No.131/2018 against the appellants -

applicants Shanti Lal and Smt. Savita, shall remain suspended till

final disposal of the aforesaid appeal and they shall be released on

bail, provided they executes a personal bond in the sum of

Rs.50,000/- each with two sureties of Rs.25,000/- each to the

satisfaction of learned trial Judge for their appearance in this court

on 12/06/2023 and whenever ordered to do so till the disposal

of the appeal on the conditions indicated below:

1. That they will appear before the trial court in the month of January of every year till the appeal is decided.

2. That if the applicants change the place of residence, they will give in writing their changed

[2023/RJJD/014890] (4 of 4) [SOSA-181/2023]

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.

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

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

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

applicants were 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 14-Sumit/-

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