Bhemaram @ Bhimaram vs State Of Rajasthan ...
2023 Latest Caselaw 5205 Raj

[2023/RJJD/017057]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 382/2023

1. Bhemaram @ Bhimaram S/o Tararam, Aged About 35 Years, Bhatana, Ps Mandar, Dist. Sirohi (Raj.). (At Present Lodged In Dist. Jail, Sirohi).

2. Smt. Mafi Devi W/o Tararam, Aged About 70 Years, Bhatana, Ps Mandar, Dist. Sirohi (Raj.). (At Present Lodged In Dist. Jail, Sirohi).

                                                                  ----Petitioners
                                    Versus
State of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. B.S. Rathore
For Respondent(s)         :     Mr. A.R. Choudhary, P.P.



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

24/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicants in the matter of judgment dated

31.03.2023 passed by the learned Sessions Judge, Sirohi in

Sessions Case No.36/2015 (CIS No.43/2016), whereby they were

convicted and sentenced to suffer maximum punishment of

rigorous imprisonment of 5 years for the offence under Section

306 of the IPC and lesser punishment for the offence under

Section 498-A of the IPC.

2. Heard learned counsel for the parties and perused the

material available on record.

3. At the outset, learned counsel for the appellant-applicants

seeks withdrawal of the application for suspension of sentence

[2023/RJJD/017057] (2 of 3) [SOSA-382/2023]

moved on behalf of the appellant No.1 Bhemaram @ Bhimaram

S/o Tararam with liberty to renew the prayer for bail after some

time. Accordingly, the application for suspension of

sentence moved on behalf of the appellant No.1 Bhemaram

@ Bhimaram S/o Tararam is dismissed as not pressed with

liberty to renew the prayer for bail, if the appeal is not heard

within a reasonable time.

4. As far as the case of the appellant-applicant No.2 Smt. Mafi

Devi W/o Tararam is concerned, she is an octogenarian woman

and is suffering from some ailments. Therefore, considering the

over all facts and circumstances of the case and the fact that the

hearing of the appeal is likely to take long time, 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-

appellant No.2 Smt. Mafi Devi.

5. Accordingly, the application for suspension of

sentence under Section 389 Cr.P.C. moved on behalf of the

appellant No.2 Smt. Mafi Devi is allowed and it is ordered that

the sentence passed by learned Sessions Judge, Sirohi vide

judgment dated 31.03.2023 in Sessions Case No.36/2015 (CIS

No.43/2016) against the appellant-applicant Smt. Mafi Devi W/o

Tararam shall remain suspended till final disposal of the aforesaid

appeal and she shall be released on bail provided she executes a

personal bond in the sum of Rs.50,000/-with two sureties of

[2023/RJJD/017057] (3 of 3) [SOSA-382/2023]

Rs.25,000/- each to the satisfaction of the learned trial Judge for

her appearance in this court on 26.06.2023 and whenever ordered

to do so till the disposal of the appeal on the conditions indicated

below:-

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

2. That if the applicant changes 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 addresses, they will give in writing their changed address to the trial Court.

6. 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 related 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 be taken into account for statistical purpose relating to

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

accused applicant does not appear before the trial court, the

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

cancellation of bail.

(FARJAND ALI),J 94-Pramod/-

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