Birbal Ram vs State Of Rajasthan ...
2023 Latest Caselaw 7678 Raj

Citation : 2023 Latest Caselaw 7678 Raj
Judgement Date : 26 September, 2023

Rajasthan High Court - Jodhpur

Birbal Ram vs State Of Rajasthan ... on 26 September, 2023

Bench: Augustine George Masih, Vijay Bishnoi

[2023:RJ-JD:31577-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 1109/2023

Birbal Ram S/o Sh. Shivratan, aged about 50 Years, resident of Village Sindhu, Police Station Nokha, Tehsil Nokha, District Bikaner. (Presently Lodged In Central Jail, Bikaner)

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

----Respondent

For Petitioner(s) : Mr. Deepak Menaria.

For Respondent(s) : Mr. R.R. Chhaparwal, P.P.

HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

26/09/2023

Heard learned counsel for the parties on the application for

suspension of sentence.

2. Learned counsel for the applicant-appellant has contended

that the allegations against the accused persons were primarily

that they had fired with respective firearms. However, all the

injuries, which have been found on the injured, were of simple in

nature. The recovery of country-made pistol has been effected

from the applicant-appellant, Birbal Ram. Assertion has been

made by learned counsel for the applicant-appellant that co-

accused Shankar Lal has been granted benefit of suspension of

sentence. The applicant has completed almost five years and

three months of actual sentence and with remission completed

almost five years and eleven months. He, on this basis, contends

[2023:RJ-JD:31577-DB] (2 of 3) [SOSA-1109/2023]

that the sentence of the applicant-appellant may be suspended

during the pendency of the appeal as he was on bail during trial as

well.

3. Learned Public Prosecutor for the State has not been able to

controvert the factual assertion as has been pointed out by the

learned counsel for the applicant-appellant. However, he states

that the sentence of the applicant-appellant may not be

suspended as the pistol has been recovered from the applicant-

appellant. He had taken active part in the commission of the

offence, and therefore, the concession, as prayed for, is not

deserved by him.

4. Having considered the submissions made by learned counsel

for the parties and after going through the record, we find that the

co-accused, Shankar Lal, who was similarly placed as the

applicant-appellant as far as served sentence is concerned, has

been granted benefit of suspension of sentence vide order dated

14.08.2023. The applicant-appellant has completed almost five

years and eleven months of sentence with remission. The appeal

is not likely to be heard on merits in near future. Therefore,

without expressing any opinion on merits of the case but taking

into consideration the entire facts and circumstances of the case,

we accept the prayer made in the application and suspend the

sentence of the applicant-appellant during pendency of the appeal.

5. 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 learned Additional Sessions Judge No.3,

Bikaner vide judgment dated 19.11.2019 in Sessions Case

No.34/2012 against applicant-appellant Birbal Ram S/o Shri

[2023:RJ-JD:31577-DB] (3 of 3) [SOSA-1109/2023]

Shivratan 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 court for his appearance in this Court on 01.11.2023

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 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.