Omaram vs State Of Rajasthan
2023 Latest Caselaw 4685 Raj

[2023/RJJD/015535]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 490/2023

IN

S.B. Criminal Appeal No. 736/2023

1. Omaram S/o Sh. Bhoma Ram, Aged About 19 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

2. Sharwan S/o Sh. Tiku Ram, Aged About 25 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

3. Dhannaram S/o Sh. Roopa Ram, Aged About 38 Years, B/ c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

4. Thanaram S/o Sh. Goma Ram, Aged About 57 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

5. Motiram S/o Sh. Mangi Lal, Aged About 28 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

6. Budharam S/o Sh. Toga Ram, Aged About 45 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

7. Khetaram S/o Sh. Chuna Ram, Aged About 35 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

8. Bhomaram S/o Sh. Hadmata Ram, Aged About 23 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

9. Saluram S/o Sh. Uda Ram, Aged About 33 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

10. Budharam S/o Sh. Bhiya Ram, Aged About 42 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

11. Bhanwarram S/o Sh. Mangla Ram, Aged About 55 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

12. Baluram @ Balaram S/o Sh. Uda Ram, Aged About 35 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

13. Polaram S/o Sh. Bhalla Ram, Aged About 56 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

14. Munnaram S/o Sh. Kheraj Ram, Aged About 30 Years, B/c Jat R/o Vill. Punia Ki Peaou PS Jhanwar Dist. Jodhpur

----Appellants Versus

[2023/RJJD/015535] (2 of 4) [SOSA-490/2023]

1. State Of Rajasthan, Through PP

2. Nena Ram S/o Sh. Pokar Ram, Aged About 40 Years, R/o Punia Ki Peaou PS Jhanwar Dist. Jodhpur

----Respondents

For Appellant(s) : Mr. Kishan Singh Nahar For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI Order 16/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 20.04.2023 passed by the learned Special Judge SC &

ST Court, Jodhpur Metro, Jodhpur in Sessions Case

No.37/2013 whereby they were convicted and sentenced to

suffer maximum punishment of three years rigorous

imprisonment along with fine of Rs.1000/- under Sections

435/149 of IPC and under Sections 3(2)(iii) and Section 3(2)

(iv) of Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act and lesser punishment for the

other offences under Sections 147, 447/149, 427/149,

323/149 of the IPC and Sections 3(i)(v), 3(i)(x), 3(i)(xv) of f

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate

[2023/RJJD/015535] (3 of 4) [SOSA-490/2023]

Court. Hearing of the appeal is likely to take long time,

therefore, the application for suspension of sentence may be

granted.

3. Per contra, learned Additional Government Advocate has

vehemently opposed the prayer made on behalf of the

accused-applicants for releasing the appellants on application

for suspension of sentence.

4. Heard learned counsel for the and perused the material

available on record.

5. Upon consideration of the grounds raised in the memo of the

appeal, looking to the totality of facts and circumstances of

the case, more particularly the facts that the accused-

appellant was on bail during the course of trial and the

hearing of appeal is likely to take further more time and

considering the overall submissions while refraining from

passing any comments on the niceties of the matter and the

defects of the prosecution as the same may put an adverse

effect on hearing of the appeal, this court is of the opinion

that it is a fit case for suspending the sentence awarded to

the accused-appellants.

6. Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that

the sentence passed by learned Special Judge SC & ST

Court, Jodhpur Metro, Jodhpur in Sessions Case No.37/2013

against the appellants-applicants- 1. Omaram S/o Sh.

Bhoma Ram, 2. Sharwan S/o Sh. Tiku Ram, 3.

[2023/RJJD/015535] (4 of 4) [SOSA-490/2023]

Dhannaram S/o Sh. Roopa Ram, 4. Thanaram S/o Sh.

Goma Ram, 5. Motiram S/o Sh. Mangi Lal, 6. Budharam

S/o Sh. Toga Ram, 7. Khetaram S/o Sh. Chuna Ram, 8.

Bhomaram S/o Sh. Hadmata Ram, 9. Saluram S/o Sh.

Uda Ram, 10. Budharam S/o Sh. Bhiya Ram, 11.

Bhanwarram S/o Sh. Mangla Ram, 12. Baluram @

Balaram S/o Sh. Uda Ram, 13. Polaram S/o Sh. Bhalla

Ram, 14. Munnaram S/o Sh. Kheraj Ram shall remain

suspended till final disposal of the aforesaid appeal and they

shall be released on bail provided each of them executes 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 16.06.2023 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 addresses to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J C1-Ashutosh/-

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