Rajasthan High Court - Jodhpur
Gopal vs State Of Rajasthan ... on 28 November, 2023
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
[2023:RJ-JD:40964-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1114/2023
Gopal S/o Shankar Lal, Aged About 23 Years, R/o Rooppura,
Police Station Jawad, District Neemach, Madhyapradesh At
Present Kanpur Bank Gali, Police Station Pratapnagar, District
Udaipur. (Presently Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. J.V.S. Deora
For Respondent(s) : Mr. R.R. Chhaparwal, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
28/11/2023
Heard learned counsel for the parties on the application for
suspension of sentence.
The instant application for suspension of sentence has been
preferred by the appellant-applicant, who has been convicted and
sentenced by the learned Additional Sessions Judge No.4, Udaipur
vide judgment dated 27.06.2023 in Sessions Case No.51/2018.
The appellant-applicant has been sentenced as under :-
Offence U/s Sentence Fine Sentence in default of
payment of fine
302/34 IPC Life Rs. 10,000/- Five months'
Imprisonment additional SI
394/34 IPC Life Rs. 10,000/- Five months'
[2023:RJ-JD:40964-DB] (2 of 4) [SOSA-1114/2023]
Imprisonment additional SI
397/34 IPC Life Rs. 10,000/- Five months'
Imprisonment additional SI
Learned counsel for the appellant-applicant has argued that
the trial court has grossly erred in convicting and sentencing the
appellant-applicant vide impugned judgment. Learned counsel for
the appellant-applicant has submitted that as per the prosecution
story, only silver bangles were recovered at the instance of the
appellant-applicant, however, the prosecution has failed to prove
before the trial court that those silver bangles belong to the
deceased. Learned counsel has submitted that in the absence of
identification of the silver bangles by the prosecution witnesses, it
is clear that no incriminatory evidence is available on record.
Learned counsel has further submitted that the case of the
prosecution is based on circumstantial evidence, however, the said
evidence pertaining to the appellant-applicant is so weak that no
prudent person can rely on the same. It is submitted that
appellant-applicant was on bail during trial and hearing of the
appeal is likely to take time. It is, thus, prayed that the sentence
awarded to the appellant-applicant by the trial court may be
suspended.
Learned Public Prosecutor has opposed this application for
suspension of sentence.
Taking into consideration the overall facts and circumstances
of the case, keeping in view the fact that the appellant-applicant
was on bail during trial and without commenting on the merits of
[2023:RJ-JD:40964-DB] (3 of 4) [SOSA-1114/2023]
the case, we are inclined to suspend the sentence awarded to the
appellant-applicant.
Accordingly, this application for suspension of sentence filed
under Sec.389 Cr.P.C. is allowed and it is ordered that the
sentence passed by the Additional Sessions Judge No.4, Udaipur
vide judgment dated 27.06.2023 in Sessions Case No.51/2018
against appellant-applicant Gopal S/o Shankar Lal shall remain
suspended till final disposal of the appeal, provided he 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
his appearance in this Court on 11.01.2024 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.
2. That if the appellant 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 address,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
[2023:RJ-JD:40964-DB] (4 of 4) [SOSA-1114/2023]
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MUNNURI LAXMAN),J (VIJAY BISHNOI),J
99-BhumikaP/-
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