Tej Singh vs State Of Rajasthan ...
2023 Latest Caselaw 6777 Raj

[2023:RJ-JD:27913-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 33/2023

Tej Singh S/o Dungar Singh, Aged about 73 years, R/o Dorana, Arnod Police Station, District Pratapgarh. (Lodged in District Jail, Pratapgarh).

----Applicant

Versus

1. State of Rajasthan

2. Bhanwar Lal S/o Ratan Lal, B/c Chamar, R/o Dorana, Arnod Police Station, District Pratapgarh.

                                                                     ----Respondents


For Applicant(s)              :    Mr. J.V.S. Deora
For Respondent(s)             :    Mr. B.R. Bishnoi, Public Prosecutor



             HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

04/09/2023

This suspension of sentence application has been preferred

on behalf of the applicant-appellant, who has been convicted and

sentenced by the Special Judge, Schedule Caste/Schedule Tribe

(Prevention of Atrocities Cases), Pratapgarh (hereinafter to be

referred as 'the trial court'), in Special Sessions Case No.13/2016

(CIS No.13/2016) vide judgment dated 18.07.2022. The

applicant-appellant has been sentenced as under :-

 [2023:RJ-JD:27913-DB]                   (2 of 4)                       [SOSA-33/2023]


 Offences         Sentence                    Fine                  Sentence
   U/S
                                                                (in default of
                                                               payment of fine)

447 IPC       3 months' Simple               Rs.300/-          10 days' additional
               Imprisonment                                  Simple Imprisonment

341 IPC        1 year's Simple                Rs.100/-         7 days' additional
                Imprisonment                                 Simple Imprisonment

302/34        Life Imprisonment Rs.25,000/- 1 months' additional
IPC                                         Simple Imprisonment

3(2)(v) Life Imprisonment Rs.25,000/- 1 Month's additional SC/ST Act Simple Imprisonment

Learned counsel for the applicant-appellant has submitted

that the trial court has erred in convicting and sentencing the

accused applicant-appellant for the offences punishable under

Sections 302/34 IPC and Section 3(2)(v) of SC/ST Act.

Learned counsel for the applicant-appellant has invited our

attention towards the statements of prosecution witnesses viz.

Nandlal (PW-1), Geeta (PW-2), Jagdish (PW-4), Rajaram (PW-7),

Kailash (PW-8), Devilal (PW-23), Dashrath (PW-24) and Surajmal

(PW-25) and argued that out of those witnesses the eye

witnesses have clearly deposed in their evidence that the fatal

injury was inflicted by accused - Devendra Singh. It is submitted

that though it has been stated by those witnesses that the

applicant-appellant caught hold the hand of the deceased but

the said evidence is not corroborated by the medical evidence. It

is further submitted that the applicant-appellant is 73 years old

and is in custody since 28.05.2016 whereas the appeal filed by

him is not likely to be heard in near future, therefore, the

[2023:RJ-JD:27913-DB] (3 of 4) [SOSA-33/2023]

sentence awarded to him by the trial court may kindly be

suspended.

Learned Public Prosecutor has opposed the prayer of the

applicant-appellant for suspending his sentence.

Heard learned counsel for the parties on suspension of

sentence application.

Having considered the totality of facts and circumstances of

the case, carefully scrutinizing the record and particularly taking

into consideration the fact that the applicant-appellant is 73 years

old, he is in custody since last around 7 years and there is no

likelihood that the appeal preferred by him will be heard in near

future, we consider it just and proper to suspend the substantive

sentence awarded to the accused applicant-appellant.

Accordingly, this suspension of sentence application filed

under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 18.07.2022 in Special Sessions Case No.13/2016 (CIS

No.13/2016) against applicant-appellant - Tej Singh S/o Dungar

Singh shall remain suspended till final disposal of the appeal filed

by him, 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 03.10.2023 and whenever ordered to do so, till the

disposal of the appeal on the conditions indicated below:-

[2023:RJ-JD:27913-DB] (4 of 4) [SOSA-33/2023]

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 applicant-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 applicant-appellant in a separate file. Such file be

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

the accused applicant-appellant was 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 applicant-appellant does 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

Abhishek Kumar S.No.38

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