Rajasthan High Court - Jodhpur
Bhoma Ram vs State Of Rajasthan on 26 May, 2023
Bench: Farjand Ali
[2023/RJJD/017728]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No.561/2023
IN
S.B. Criminal Appeal No. 808/2023
1. Bhoma Ram S/o Purkha Ram Jat, Aged About 35 Years,
Sirmandi, P.S. Osian, Dist. Jodhpur. (At Present Lodged
In Central Jail, Jodhpur).
2. Heera Ram S/o Purkha Ram Jat, Aged About 37 Years,
Sirmandi, P.S. Osian, Dist. Jodhpur. (At Present Lodged
In Central Jail, Jodhpur).
----Appellants
Versus
1. State Of Rajasthan, Through PP
2. Sohan Ram S/o Ramu Ram, B/c Meghwal, R/o
Bhiyandiya, P.S. Osian, Dist. Jodhpur.
----Respondents
For Appellant(s) : Mr. Gokulesh Bohra, through V.C.
For Respondent(s) : Mr. Gourav Singh, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
26/05/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 08.05.2023 passed by learned Special Judge, SC/ST
Act Cases, Jodhpur in Sessions Case No.95/2016 (N.C.V.
No.108/2016) whereby they were convicted and sentenced
to suffer maximum punishment of one year rigorous
imprisonment along with compensation fine of Rs.1,000/-
under Section 3(1)(s) of SC/ST (Prevention of Atrocities) Act
[2023/RJJD/017728] (2 of 3) [SOSA-561/2023]
and lesser punishment for the other offences punishable
under Sections 323 and 447 of IPC as well as under Section
323 of IPC r/w Section 3(2)(va) of SC/ST Act Section 447 of
IPC r/w Section 3(2)(va) of SC/ST 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
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 has vehemently
opposed the prayer made on behalf of the accused-
applicants for releasing the appellants on application for
suspension of sentence.
4. Heard 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.
[2023/RJJD/017728] (3 of 3) [SOSA-561/2023]
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 Act
Cases, Jodhpur in Sessions Case No.95/2016 (N.C.V.
No.108/2016) against the appellants-applicants- 1. Bhoma
Ram S/o Purkha Ram Jat, 2. Heera Ram S/o Purkha
Ram Jat 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
before 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 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
244-Ashutosh/-
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