Rajasthan High Court - Jodhpur

Tiloka Ram vs State Of Rajasthan on 18 May, 2023

Bench: Pushpendra Singh Bhati

[2023/RJJD/015816]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 467/2023 in S.B. Criminal Appeal No.367/2021

Tiloka Ram S/o Sh. Mula Ram, Aged About 45 Years, R/o Dodiyana PS Padukallan Dist. 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. 466/2023 in S.B. Criminal Appeal No.367/2021

Subhash S/o Chunni Lal, Aged About 41 Years, R/o Kukanwali, Police Station Chitawa, District Nagaur. (Presently Lodged At Central Jail, Ajmer)

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

----Respondent

For applicants(s) : Mr. Ranjeet Singh Gill (SOS No.467/23) Mr. Bhawani Singh (SOS No.466/2023) For Respondent(s) : Mr. Mahipal Bishnoi, P.P. a/w Mr. Chetan Prakash Marwan

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

Reserved on 17/05/2023 Pronounced 18/05/2023

[2023/RJJD/015816] (2 of 5) [SOSA-467/2023]

1. These criminal misc. second applications for suspension of

sentence under Section 389 of the Code of Criminal Procedure

have been filed seeking suspension of sentence awarded to the

applicants-appellants vide the judgment of conviction and order of

sentence dated 17.03.2021 passed by the learned Additional

District & Sessions Judge, Merta in Sessions Case No.5/2017,

whereby while convicting the applicants-appellants for the

offences under Sections 395, 397, 323, 458, 459, 460, 307 read

with Section 120-B IPC, for each of the offences, the applicants-

appellants were ordered to undergo rigorous imprisonment for a

period of 10 years, with stipulation of fine; in default of payment

of which, each of the applicants-appellants were ordered to

undergo rigorous imprisonment for a further period of 2 years.

2. As regards SOS Application No. 467/2023 filed on

behalf of accused-applicant Tiloka Ram, learned counsel for

the applicant-appellant submitted that the said applicant-appellant

was arrested on 11.09.2016, and thereafter was released on bail

on 27.01.2017; however, since his conviction vide the impugned

judgment dated 17.03.2021, he is in jail for the last about 2 years

7 months.

2.1. It was further submitted that the no arm was recovered from

the said applicant-appellant and the incident in question had

happened during late night hours, and thus, at that time, there

was no light to identify the accused person. It was also submitted

that the said applicant-appellant was arrested after 9 days of the

incident in question.

3. Learned counsel for the applicant-appellant in SOS

Application No.466/2023 filed on behalf of applicant-

[2023/RJJD/015816] (3 of 5) [SOSA-467/2023]

appellant Subhash submitted that the said applicant-appellant is

in jail for last about 2 years 7 months, which period, in the given

factual matrix, is sufficient to suspend the sentence awarded to

him by the learned Trial Court vide the impugned judgment.

4. Learned counsel for the applicants-appellants in both the

applications submitted that the statement of P.W.-2 Rajuram s/o

Kalu Ram clearly reveals that he had not seen any person at the

place of incident at the relevant time; the same was also recorded

by the learned Court below in the impugned judgment dated

17.03.2021. It was also submitted that the applicants-appellants

were however, acquitted for the offence under Section 3/25 of the

Arms Act, 1959 vide the impugned judgment passed by the

learned Court below in impugned judgment.

4.1. Learned counsel further submitted that the sentence

awarded to the other similarly situated co-accused persons, i.e.

Bhura Ram, Kailash and Bhagwana Ram had already been

suspended by this Court vide order dated 03.05.2023 passed in

S.B. Criminal Misc. Second Suspension of Sentence Applications

(Appeal) No.106/2023, 1019/2022 & 1271/2022, while taking into

consideration, amongst others, that certain part of the allegations

in this case were omnibus in nature; co-accused Bhura Ram and

Bhagwana Ram have also undergone the same period of custody

as undergone by the present applicants-appellants.

5. On the other hand, the learned Public Prosecutor opposed

the suspension of sentence applications on the ground that after

dismissal of the earlier suspension of sentence applications

preferred on behalf of the applicants-appellants vide order dated

08.04.2022 passed in S.B. Criminal Misc. Suspension of Sentence

[2023/RJJD/015816] (4 of 5) [SOSA-467/2023]

Application (Appeal) No.380/2021, there is no change in

circumstances; thus, on that count coupled with the nature of

offences committed by the applicants-apellants, they are not

entitled for any indulgence by this Court in the present

applications.

6. Heard learned counsel for the parties as well as perused the

record of the case.

7. This Court observes that the applicants-appellants are in jail

for last about 2 years 7 months, and that, they were acquitted of

the offence under the Arms Act, while the main accused Kailash

was convicted for the offence under Section 7/27 of the Arms Act.

This Court has also taken note of the fact that the nature of

allegations against the present applicants-appellants were

omnibus, which was one of the grounds for suspending the

sentence awarded to the other similarly situated co-accused

persons.

8. Thus, in view of the above and having regard to the totality

of facts and circumstances of the case, this Court considers it just

and proper to suspend the substantive sentence awarded to the

present accused applicants-appellants in the present suspensions

of sentence applications.

9. Accordingly, the present second suspension of sentence

applications are allowed and it is ordered that the substantive

sentence passed by the learned Trial Court vide the impugned

judgment dated 17.03.2021 in Sessions Case No.05/2017 against

applicants-appellants (1) Tiloka Ram S/o Sh. Mula Ram and

(2) Subhash s/o Chunni Lal shall remain suspended till final

disposal of the aforesaid appeal, provided each of them execute a

[2023/RJJD/015816] (5 of 5) [SOSA-467/2023]

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 03.07.2023 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-appellants change the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court.