Sharwan Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 4605 Raj

[2023/RJJD/015117]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1112/2022

Sharwan Kumar S/o Heeralal, Aged About 30 Years, R/o 6-O-B, Police Station Kesarisinghpur, Distt. Sri Ganganagar. (Presently Lodged In Central Jail, Sri Ganganagar)

----Petitioner Versus State of Rajasthan, through PP

----Respondent

For Petitioner(s) : Mr. S.K. Verma with Mr. Anil Gupta. For Respondent(s) : Mr. R.R. Chhaparwal, P.P.

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order 15/05/2023

1. The appellant-applicant herein has been convicted and

sentenced as below vide judgment dated 12.7.2022 passed by the

learned Special Judge, Women Atrocity and Dowry Cases, Sri

Ganganagar, District Sri Ganganagar in Sessions Case No.1/2016

(CIS No.01/2016):

Offences             Sentence                   Fine
498-A IPC            3 years S.I.               Rs.10,000/- and in default of
                                                which to further undergo 6
                                                months S.I.
304-B IPC            Life Imprisonment Rs.20,000/- and in default of
                                       which to further undergo 6
                                       months 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.

[2023/RJJD/015117] (2 of 5) [SOSA-1112/2022]

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

applicant is in custody for over 7 years 5 months and the hearing

of the appeal is like to take substantially long time.

4. It is submitted that the trial court committed grave error in

coming to the conclusion that the applicant was guilty of offence

alleged against him. It was submitted that the deceased

committed suicide on account of the fact that she had illegal

relations with one Lekhraj and the applicant found her under the

bed in Lekhraj's house and when he informed the relatives of the

deceased, they indicated that they would visit the next day,

however, the call made by the applicant was converted into a call

for demand of dowry and applicant has been held guilty only on

account of the oral statements of the family members of the

deceased.

5. Submissions were made that even the Investigating Officer

PW/13 in his statement indicated that Hansraj told him that

applicant at the relevant time has indicated that as the deceased

was recovered from the house of Lekhraj, she was frightened and

had committed suicide. It was emphasized that besides the fact

that in his statement under Section 313 Cr.P.C., the above aspect

was emphasized, the applicant produced two witnesses i.e. Heera

Lal - DW/1 and Hansraj - DW/2 in this regard, besides examining

himself as DW/3, nothing could be brought on record to contradict

the plea raised. In the last, it was submitted that the applicant has

already undergone the minimum sentence as prescribed under the

said provisions and, therefore, the applicant, who has been

convicted for offences under Section 498-A and 304-B IPC, be

enlarged on bail.

[2023/RJJD/015117] (3 of 5) [SOSA-1112/2022]

6. Learned Public Prosecutor vehemently opposed the

submissions. It was submitted that the evidence on record is

categorical indicating the fact that the applicant was guilty of the

offences alleged against him. The wife died within short period of

1 year and 6 months from the date of marriage. The admitted

conduct of the applicant during the night the suicide was

committed, is wholly abnormal, inasmuch as, he was in the same

room where the deceased committed suicide and though he

became aware of the suicide having been committed by her at

2:30 am, he did not either took down the body which was

hanging, nor till 6:00 in the morning informed anybody about the

said incident and, therefore, the applicant is not entitled to any

relief.

7. Further submissions were made that the FSL report indicates

the presence of insecticides in the viscera of the deceased,

regarding which, no explanation is available.

8. We have considered the submissions made by learned

counsel for the parties and have perused the record of the trial.

Though, the charges framed against the applicant inter alia

pertain to offences under Section 498-A and 304-B IPC and in the

alternative 302 IPC, during the trial, apparently, the only charges

pertaining to Sections 498-A and 304-B IPC were pressed.

9. The submissions made by learned Public Prosecutor

apparently have no connection with the charges under Section

498-A and 304-B IPC and there is evidence available on record

regarding the deceased having been found at the house of Lekhraj

- a neighbor by applicant-husband, who made allegations of illicit

relations between them. Except for the allegation regarding the

[2023/RJJD/015117] (4 of 5) [SOSA-1112/2022]

phone-call made by the applicant in the evening on the date of

incident, demanding dowry, which telephone the applicant claims

to have been made for complaining about the conduct of the

deceased qua her relations with Lekhraj - a neighbor, no other

evidence regarding demand of dowry is available on record.

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

proper to suspend the substantive sentence awarded to the

appellant - applicant Sharwan Kumar S/o Heeralal during the

pendency of the appeal.

10. 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 Special Judge, Women

Atrocity and Dowry Cases, Sri Ganganagar, District Sri

Ganganagar in Sessions Case No.1/2016 (CIS No.01/2016)

against the appellant-applicant Sharwan Kumar S/o Heeralal, 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 15/06/2023 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/015117] (5 of 5) [SOSA-1112/2022]

11. 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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