Manoj Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 8576 Raj

[2023:RJ-JD:35202-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1136/2023

IN

D.B. Criminal Appeal No.173/2023

Deshraj @ Dholu @ Ramesh Kumar S/o Hari Singh, Aged About 35 Years, R/o Dabadi Ps Bhirani Dist. Hanumangarh At Present Lodged In Sub Jail Bhadra

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

----Respondent Connected With D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1003/2023 IN D.B. Criminal Appeal No.155/2023 Manoj Kumar S/o Hajari Ram, Aged About 37 Years, r/o Dabdi P.s. Bhirani Dist. Hanumangarh.

(At Present Lodged In Sub Jail, Bhadra).

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

----Respondent

For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

16/10/2023

1. Heard learned counsel for the parties on the applications for

suspension of sentences.

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2. The instant applications for suspension of sentences have

been preferred by the appellant-applicants, who have been

convicted and sentenced by the learned trial court vide judgment

dated 04.08.2023 in Sessions Case No.38/2015. The appellant-

applicants have been sentenced as under :-

Offence U/s     Sentence               Fine                 Sentence in default of

                                                            payment of fine
302 IPC         Life                   Rs.5,000/-            Additional two years'

                imprisonment                                          SI

3. Learned counsel for the appellant-applicants has argued that

the trial court has grossly erred in sentencing and convicting the

appellant-applicants vide impugned judgment. It is submitted that

there is an unexplained delay in filing the FIR by the complainant.

It is further submitted that five persons were named as accused

persons, but the police after conclusion of the investigation, has

filed charge-sheet against only one accused i.e. Manoj and

investigation was kept pending against the other appellant-

applicant namely Deshraj. It is also submitted that after a quite

long time, the police has filed charge-sheet against the appellant-

applicant - Deshraj without even collecting sufficient evidence

which suggests that he was not involved in the crime. Learned

counsel has further submitted that as per the post-mortem report,

the deceased died on account of head injury inflicted by a stick

and the stick is alleged to has been recovered from appellant-

Manoj, however, the said recovery is not reliable. It is further

submitted that the appellants were on bail during trial and hearing

[2023:RJ-JD:35202-DB] (3 of 4) [SOSA-1136/2023]

of the appeal is likely to take time.

4. Learned Public Prosecutor has opposed this applications for

suspension of sentences.

5. Taking into consideration the overall facts and circumstances

of the case and without making any observation on the merits of

the case, we are inclined to suspend the sentences awarded to the

appellant-applicants.

6. Accordingly, the instant applications for suspension of

sentences filed under Sec.389 Cr.P.C. are allowed and it is ordered

that the substantive sentence passed by the learned Additional

Sessions Judge, Bhadra vide judgment dated 04.08.2023 in

Sessions Case No.38/2015 against appellant-applicants Deshraj

@ Dholu @ Ramesh Kumar S/o Hari Singh & Manoj Kumar

S/o Hajari Ram shall remain suspended till final disposal of the

appeals, provided they execute 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 in this

court on 16.11.2023 and whenever ordered to do so, till the

disposal of the appeals 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 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.

3. Similarly, if the sureties change their address,

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they will give in writing their changed address to the trial Court.

7. The learned trial Court shall keep the record of attendance of

the accused-appellants in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-appellants were 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-appellants do not appear before the trial court, the

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

cancellation of bail.

(RAJENDRA PRAKASH SONI),J (VIJAY BISHNOI),J

50-51-Payal/-

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