Rajasthan High Court - Jodhpur
Mohan Lal vs State Of Rajasthan on 26 May, 2023
Bench: Arun Bhansali, Rajendra Prakash Soni
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1110/2022
1. Mohan Lal S/o Shri Hiraji Bheel, Aged About 36 Years, R/o
Chachapura Ps Begun Dist. Chittorgarh Raj. (At Present
Lodged In Central Jail Udaipur).
2. Smt. Lali W/o Shri Lakhmichand Bheel, Aged about 40
years, R/o Bhakheda, P.S. Begun, at prsent Chachapura,
District Chittorgarh (Rajasthan) (At present lodged in
Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mahesh Khyani.
For Respondent(s) : Mr. B.R. Bishnoi, P.P.
HON'BLE MR. JUSTICE ARUN BHANSALI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
26/05/2023
1. The appellants herein have been convicted and sentenced as
below vide judgment dated 30.09.2022 passed by the learned
Additional Sessions Judge, Begun, Chittorgarh in Session Case
No.44/2021 (C.I.S. No.38/2015):
Offences Sentence Fine
304 IPC Life Imprisonment Rs.1,00,000/- and in default
of which to further undergo
three year's additional S.I.
341 IPC One month simple Rs.500/- and in default of
imprisonment which to further undergo
seven days' additional simple
imprisonment
342 IPC One year simple Rs.1,000/- and in default of
imprisonment which to further undergo
(2 of 4) [SOSA-1110/2022]
three months' additional
simple imprisonment.
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. It is submitted by the counsel for the applicants that they
have been falsely implicated in the case. Submissions have been
made that there is no evidence worth the name to implicate the
applicants to the incident, which purportedly led to the death of
the victim.
4. Submissions have been made that though case of the
complainant was that he received a phone call from Chhaganlal,
who made him talk to the victim - son, However, the said
Chhaganlal, the most vital witness, has not been examined.
5. Eight out of fifteen witnesses have turned hostile, the post-
mortem report has not even been exhibited and the entire
judgment of the trial court is based on conjectures. The applicants
were on bail during the trial, the appeal is likely to take sufficiently
long time and, therefore, they may be enlarged on bail.
6. Learned Public Prosecutor contested the submissions. It was
submitted that the conviction is based on the last seen and the
statements of the complainant, to whom the victim had indicated
that he was inter-alia given beating by the applicants and,
therefore, the application be rejected.
7. Having considered the submissions made by learned counsel
for the parties and having perused the material available on
record, besides the fact that most of the witnesses have turned
hostile, there is apparently no eye witness to the incident and the
(3 of 4) [SOSA-1110/2022]
indications made in the FIR as well as statement of the
complainant, father of the deceased Chhaganlal, who telephoned
the complainant about the incident and as per the statement of
the complainant, indicated the wrong doing by the applicants, was
not even cited as a witness and no explanation in this regard is
forthcoming. However, without making any observations on merits
of the case and the fact that one of the applicants is a lady and
they were on bail during trial and the hearing of the appeal is
likely to take long time, we are inclined to suspend the substantive
sentence of the appellants-applicants- Mohan Lal S/o Shri Hiraji
Bheel & Smt. Lali W/o Shri Lakhmichand Bheel, during the
pendency of the appeal.
8. Accordingly, the instant application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the Additional
Sessions Judge, Begun, Chittorgarh in Session Case No.44/2021
(C.I.S. No.38/2015) against the appellants-applicants- Mohan Lal
S/o Shri Hiraji Bheel & Smt. Lali W/o Shri Lakhmichand Bheel,
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 26.06.2023 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.
(4 of 4) [SOSA-1110/2022]
2. That if the applicant change the place of
residence, he will give in writing their 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.
9. 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-applicants do 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
13-pradeep/-
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