Dalu vs State Of Rajasthan ...
2023 Latest Caselaw 7220 Raj

Citation : 2023 Latest Caselaw 7220 Raj
Judgement Date : 14 September, 2023

Rajasthan High Court - Jodhpur

Dalu vs State Of Rajasthan ... on 14 September, 2023

Bench: Vijay Bishnoi, Rajendra Prakash Soni

[2023:RJ-JD:29599-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 900/2023 IN D.B. Criminal Appeal No.148/2022

Dalu S/o Shri Sawaji, Aged About 66 Years, R/o Chota Selarpura, Police Station Pratapgarh, District Pratapgarh (Raj.)

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

----Respondent

For Appellant(s) : Mr. RC Purohit For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG

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

Order

14/09/2023

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

suspension of sentence.

2. The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned trial court vide judgment dated

29.09.2022 in Sessions Case No.42/2016. The appellant-applicant

has been sentenced as under :-

Offence U/s Sentence Fine Sentence in default of

payment of fine 148 IPC One year's Rs.1000/- Ten days' S.I.

S.I.

341/149 IPC One month's Rs.100/- Five days' S.I.

S.I.

[2023:RJ-JD:29599-DB] (2 of 4) [SOSA-900/2023]

323/149 IPC Three months' Rs.300/- Seven days' S.I.

S.I.

302/149 IPC Life Rs.25,000/- Three months' S.I.

imprisonment

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

the trial court has grossly erred in sentencing and convicting the

appellant-applicant vide impugned judgment. It is submitted that

as a matter of fact, some dispute in respect of agricultural land

was going on between the family of the appellant-applicant and

the deceased and during the course of conversation between

them, on sudden provocation, the alleged incident took place.

Learned counsel has submitted that the appellant-applicant had no

intention to kill the deceased. Learned counsel while inviting our

attention towards the statements of PW-2 Pokhar, PW-5 Chaina

Ram and PW-6 Kailashi Bai has argued that all the above eye-

witnesses have specifically stated that the incident took place on

the spur of moment during conversation between the two families.

4. It is also submitted that the appellant-applicant is in jail from

last more than seven years and hearing of the appeal is likely to

take time.

5. Learned Public Prosecutor has opposed this application for

suspension of sentence.

6. 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 sentence awarded to the

appellant-applicant.

[2023:RJ-JD:29599-DB] (3 of 4) [SOSA-900/2023]

7. 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 and Special

Judge, SC/ST (Prevention of Atrocities Cases), Pratapgarh vide

judgment dated 29.09.2022 in Sessions Case No.42/2016 against

appellant-applicant Dalu S/o Shri Sawaji 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 16.10.2023 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.