Revant Ram @ Rati Ram vs State Of Rajasthan ...
2023 Latest Caselaw 7596 Raj

[2023:RJ-JD:32046-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 724/2023

in

D.B. Criminal Appeal No.101/2023

Revant Ram @ Rati Ram S/o Chouthu Ram, Aged About 30 Years, R/o Jalasar PS Jamsar Bikaner (Lodged In Central Jail Bikaner)

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

----Respondent

For Petitioner(s) : Mr. Bhawani Singh Mertiya. For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

22/09/2023

1. The appellant-applicant herein has been convicted and

sentenced as below vide judgment dated 05.05.2023 passed by

the learned Addl. Sessions Judge (Women Atrocities Cases),

Bikaner in Sessions Case No.53/2018:

     Offence                Sentence                                Fine
302 IPC             Life Imprisonment Rs.25,000/- and in default of
                                      which to further undergo six
                                      months' R.I.
449 IPC             Seven Years' R.I.            Rs.10,000/- and in default of
                                                 which to further undergo
                                                 three months' R.I.
323 IPC             One Year's R.I.              Rs.1,000/- and in default of
                                                 which to further undergo one
                                                 month's R.I.



 [2023:RJ-JD:32046-DB]                   (2 of 4)                       [SOSA-724/2023]

2. The appellant-applicant has preferred the application for

suspension of sentence under Section 389 Cr.P.C. for suspension

of sentence during the pendency of the appeal and for release of

the applicant on bail.

3. It is submitted by learned counsel for the applicant-appellant

that the trial court committed grave error in holding the applicant-

appellant guilty of the offence i.e. murdering his sister-in-law.

4. Submissions have been made that the entire case is based

on the testimony of purported eye-witness PW-1 Deepika, wife of

the applicant, who alleged being harassed for dowry and when the

applicant, went to the house of deceased - Rekha where his wife

Deepika was staying in a drunken stage and started beating them

with a stick, which resulted in a fatal blow on the head of the

deceased, resulting in the death.

5. Submissions have been made that the entire allegations are

made up, inasmuch as, the recovery of the stick vide Ex.-P/9 from

the applicant is measuring about 2 ft. 10 inch, which in ordinary

course cannot cause injury to the extent found in the postmortem

report.

6. Further submissions have been made that the applicant is in

custody over 5 years 3 months and the hearing of the appeal is

likely to take sufficiently long time and therefore, the sentence

awarded to the applicant-appellant be suspended.

7. Learned Public Prosecutor opposed the application for

suspension of sentence with the submission that the statement of

the eye-witness is sufficient coupled with the postmortem report,

wherein the doctor has opined that the death was caused on

[2023:RJ-JD:32046-DB] (3 of 4) [SOSA-724/2023]

account of the said injury and therefore, his sentence may not be

suspended.

8. We have considered the submissions made by learned

counsel for the parties and have perused the record of the case.

9. The nature of injury said to have been caused by the stick

recovered from the applicant as described in the recovery memo,

creates doubt regarding the cause of death on account of injury

from the said object.

10. Besides the above, there are no antecedents of the applicant

accused and he has already suffered incarceration for over 5 years

and the appeal is likely to sufficiently long time and therefore,

without commenting on merits of the case, we are inclined to

suspend the substantive sentence of the appellant-applicant

Revant Ram alias Rati Ram s/o Chouthu Ram, during the pendency

of the appeal.

11. Accordingly, the instant application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that substantive sentence passed by the Addl. Sessions

Judge (Women Atrocities Cases), Bikaner in Sessions Case

No.53/2018 against the appellant-applicant Revant Ram alias Rati

Ram s/o Chouthu Ram shall remain suspended till final disposal of

the aforesaid appeal and he shall be released on bail, provided he

executes a personal bond in the sum of Rs.50,000/- each with two

sureties of Rs.25,000/- each to the satisfaction of learned trial

Judge for his appearance in this court on 20/10/2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:

[2023:RJ-JD:32046-DB] (4 of 4) [SOSA-724/2023]

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 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 his address(s) he will give in writing his changed address to the trial court.

12. The learned trial court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case relating to original case in which the accused-

applicant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not been taken into account for statistical purpose relating to

pendency and disposal of the cases in the trial court. In case the

said accused-applicant does not appear before the trial court,

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

cancellation of bail.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J 45-Rmathur/-

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