Rajasthan High Court - Jodhpur
Rajesh Kumar vs State Of Rajasthan ... on 15 February, 2024
Bench: Pushpendra Singh Bhati, Rajendra Prakash Soni
[2024:RJ-JD:7963-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1476/2023
Rajesh Kumar S/o Bhura Ram, Aged About 20 Years, R/o
Pacharwali, P.S. Bhirani Tehsil Bhadra District Hanumangarh.
(At Present Lodged In Sub Jail, Bhadra).
----Appellant
Versus
State Of Rajasthan through PP.
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria, with
Mr. Vikas
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
15/02/2024
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment of conviction and order of
sentence dated 19.10.2023 passed by the learned Additional
Sessions Judge, Bhadra, District Hanumangarh, in Session Case
No.19/2018:
Offence Sentence Fine
147 IPC 2 Years' R.I. Rs.500/- and in default of
which to further undergo one
month's S.I.
148 IPC 3 Years' R.I. Rs.1000/- and in default of
which to further undergo two
months' S.I.
341 IPC 1 Month's S.I. Rs.500/- and in default of
which to further undergo five
days' S.I.
302/149 IPC Life Imprisonment Rs.5000/- and in default of
which to further undergo two
[2024:RJ-JD:7963-DB] (2 of 4) [SOSA-1476/2023]
years' S.I.
323/149 IPC 1 Year's S.I. Rs.500/- and in default of
which to further undergo one
month's S.I.
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 on
bail.
3. Learned counsel for the appellant-applicant submits that
there were total five persons involved in the alleged incident, in
which, Pratap was holding a stick, Bhura Ram was holding an axe,
Kashi Ram was holding a stick, Sajjan was holding a stick and the
appellant-applicant Rajesh Kumar was also holding a stick.
3.1 Learned counsel further submits that on joint reading of the
FIR as well as three main eyewitness namely PW-7 Banwari
(father of the deceased), PW-10 Pushpa (wife of the deceased)
and PW-4 Abhishek (brother-in-law of the deceased) have
consistently deposed that the blow of axe, which has resulted into
death of Shankar (deceased), has been attributed to Bhura Ram.
Though the omnibus allegations for the other accused is also there
in their statement, but as per learned counsel for the appellant,
the main role is attributed only to Bhura Ram.
3.2 Learned counsel also submits that the appellant-applicant
was on bail during trial.
4. Learned Public Prosecutor though opposes the suspension of
sentence application, but is unable to refute the aforesaid factual
matrix.
5. This Court, after seeing the record of the case, and
particularly, going through the FIR as well as the depositions made
[2024:RJ-JD:7963-DB] (3 of 4) [SOSA-1476/2023]
by PW-7 Banwari, PW-10 Pushpa and PW-4 Abhishek, finds that
there is a consistency that the main allegation of causing the fatal
injury by an axe is upon Bhura Ram whereas the present
appellant-appellant has been said to be accompanying and
implicated by subsequent narration.
6. It is also noted by this Court that the conviction of the
present appellant-applicant is under Sections 147, 148, 341,
302/149 & 323/149 of IPC.
7. In the given circumstances when the main role of causing
death of Shankar (deceased) has been attributed to Bhura Ram
and no specific further injuries, which could be medically
corroborated, have been attributed to present appellant-applicant,
we are inclined to suspend the substantive sentence of the
appellant-applicant Rajesh Kumar during the pendency of the
appeal.
8. Accordingly, the instant application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the Additional
Sessions Judge, Bhadra, District Hanumangarh in Session Case
No.19/2018 against the appellant-applicant- Rajesh Kumar S/o
Bhura Ram, vide judgment dated 19.10.2023 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/- with two sureties of Rs.25,000/- each to the
satisfaction of learned trial Judge for his appearance in this Court
on 15.03.2024 and whenever ordered to do so till the disposal of
the appeal on the conditions indicated below:
[2024:RJ-JD:7963-DB] (4 of 4) [SOSA-1476/2023]
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 change the place of
residence, he 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(s) they will give in writing their changed
address to the trial court.
9. 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 do 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 (DR.PUSHPENDRA SINGH BHATI),J
41-Zeeshan
Powered by TCPDF (www.tcpdf.org)
