Ashok vs State Of Rajasthan ...
2023 Latest Caselaw 8607 Raj

[2023:RJ-JD:35492-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1220/2023 IN D.B. Criminal Appeal No.130/2023

Pinkesh @ Pinkiya S/o Garudiya Kanjar, Aged About 29 Years, r/o Kanjar Basti, Mandawari, Begu P.s., Begu, Dist. Chittorgarh. (Lodged In Dist. Jail, Chittorgarh).

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

----Respondent Connected With D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 848/2023 IN

D.B. Criminal Appeal No.129/2023 Ashok S/o Sh. Ramrewa, Aged About 28 Years, r/o Kanjar Basti, Mandawari, Begu P.s., Dist. Chittorgarh (Lodged In Dist. Jail, Chittorgarh).

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

----Respondent D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 994/2023 IN D.B. Criminal Appeal No.154/2023

Sunil S/o Garudiya, Aged About 36 Years, r/o Kanjar Basti, Mandwari, P.s. Bengu, Dist. Chittorgarh, Raj. (At Present Lodged In Central Jail, Chittorgarh).

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

----Respondent

[2023:RJ-JD:35492-DB] (2 of 5) [SOSA-1220/2023]

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1135/2023 IN D.B. Criminal Appeal No.172/2023

Birmal @ Nirmal S/o Modu @ Modiya Kanjar, Aged About 32 Years, R/o Kanjar Basti Mandwari Ps Bengu Dist. Chittorgarh Raj. At Present Lodged In Central Jail Chittorgarh

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

----Respondent

For Petitioner(s) : Mr. Mridul Jain Mr. Anil Vyas For Respondent(s) : Mr. R.R. Chhaparwal, PP

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

17/10/2023

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

suspension of sentences.

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 14.06.2023 in Sessions Case No.78/2021. The appellant-

applicants have been sentenced as under :-

Offence U/s     Sentence               Fine                 Sentence in default of

                                                            payment of fine
395 IPC         Life                   Rs.50,000/-          Additional three years'

                Imprisonment                                          S.I.
458 IPC         14 years R.I.          Rs.50,000/-          Additional three years'

                                                                      R.I.



 [2023:RJ-JD:35492-DB]                   (3 of 5)                    [SOSA-1220/2023]

3. Learned counsel for the appellant-applicants have argued

that the trial court has grossly erred in sentencing and convicting

the appellant-applicants vide impugned judgment. It is submitted

that the prosecution has failed to produce cogent and reliable

evidence to prove the guilt of the appellant-applicants. It is argued

that the trial court has relied upon the evidence of identification

whereby the complainant PW-1 Bhanwar Lal has identified the

appellant-applicants during the identification parade. Learned

counsel for the appellant-applicants has invited our attention

towards the statement of PW-1 Bhanwar Lal, who in his cross-

examination has specifically admitted that he has identified the

appellant-applicants in December, 2016 itself, whereas their

identification parade was conducted in January and May, 2017.

4. Learned counsel for the appellant-applicants has also invited

our attention towards the statements of PW-11 Nemichand, who is

real brother of the complainant PW-1 Bhanwar Lal. The said

witness, in his court statement, has specifically stated that the

appellant-applicants were brought to the scene of crime by the

police in December, 2016 precisely on 01.12.2016. Learned

counsel, thus, argued that when the accused persons were

brought to the complainant's house, where the alleged robbery

has been committed, prior to the identification parade, the said

identification is of no use and the trial court has wrongly placed

reliance on the said identification.

5. Learned counsel has further submitted that so far as the

ornaments recovered at the instance of the appellant-applicants

are concerned, though the same have been identified by the

[2023:RJ-JD:35492-DB] (4 of 5) [SOSA-1220/2023]

complainant's wife, but at the same time, they have also admitted

that such ornaments are available in the market. Learned counsel,

therefore, submitted that the trial court has illegally convicted and

sentenced the appellant-applicants without there being sufficient

evidence on record. It is also argued that appellant-applicant -

Ashok was not identified by the complainant PW-1 Bhanwar Lal

during the identification parade and he was on bail during trial.

6. It is also submitted that the appellant-applicants are in jail

from last more than seven years and hearing of the appeals is

likely to take time. It is, thus, prayed that the sentence awarded

to the appellant-applicants by the trial court may kindly be

suspended.

7. Learned Public Prosecutor has opposed the applications for

suspension of sentences.

8. 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.

9. Accordingly, these 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 Additional Sessions Judge,

Begu, District Chittorgarh vide judgment dated 14.06.2023 in

Sessions Case No.78/2021 against appellant-applicants (1)

Pinkesh @ Pinkiya S/o Garudiya Kanjar, (2) Ashok S/o Sh.

Ramrewa, (3) Sunil S/o Garudiya and (4) Birmal @ Nirmal

S/o Modu @ Modiya Kanjar shall remain suspended till final

disposal of the appeals, provided they execute a personal bond in

[2023:RJ-JD:35492-DB] (5 of 5) [SOSA-1220/2023]

the sum of Rs.50,000/- each with two sureties of Rs.25,000/-

each to the satisfaction of the learned trial judge for their

appearance in this Court on 17.11.2023 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, they will give in writing their changed address to the trial Court.

10. 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

47-50-Payal/-

Powered by TCPDF (www.tcpdf.org)