Rajasthan High Court - Jodhpur
Devi Lal @Deva vs State Of Rajasthan (2024:Rj-Jd:10333) on 28 February, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:10333]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 153/2024
In
S.B. Criminal Appeal No.340/2022
Devi Lal @deva S/o Bhajja Rawat, Aged About 28 Years, R/o
Falador, Police Station Bhinder, District Udaipur (Raj.) (Lodged At
Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
28/02/2024
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
05.03.2022 passed by the learned Additional District Judge No.2,
Udaipur in Sessions Case No.47/2017 (80/2017) whereby he was
convicted and sentenced to suffer maximum imprisonment of 10
years under Section 307/149 of the IPC and lesser punishment
for the other offences under Sections 147/149, 148/149, 323/149,
324/149, 326/149 452/149 of the IPC & 4/25 of the Arms Act.
2. It is contended on behalf of the applicant that the learned trial
Judge has not appreciated the correct, legal and factual aspects of
the matter and thus, reached at an erroneous conclusion of guilt,
[2024:RJ-JD:10333] (2 of 4) [SOSA-153/2024]
therefore, the same is required to be appreciated again by this
court being the first appellate Court; the sentences awarded to the
co-accused Madhu, Roopa @ Roop Lal, Roda, Lalu Ram and Amrit
Lal have already been suspended by the Coordinate Bench of this
Court vide order dated 20.07.2022 passed in S.B. Criminal Appeal
No.340/2022; hearing of the appeal is likely to take long time,
therefore, the application for suspension of sentence may be
granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made on behalf of the accused-applicant for
releasing the appellant on application for suspension of sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Considering the overall fact and circumstances and the fact
that the parties are residents of a remote village and cause of
action for the incident has to be ascertained again by making a
further appreciation of evidence and the co-accused Madhu, Roopa
@ Roop Lal, Roda, Lalu Ram and Amrit Lal have already been
given the benefit of bail as their application for suspension of
sentence has been allowed by this Court though there is slight
difference between the petitioner and the other accused persons
but as of now, the petitioner has served almost sentence of two
years and there seems no hope of hearing of the appeal in near
future while refraining from passing any comments on the niceties
of the matter and the defects of the prosecution as the same may
put an adverse effect on hearing of the appeal, this court is of the
[2024:RJ-JD:10333] (3 of 4) [SOSA-153/2024]
opinion that it is a fit case for suspending the sentence awarded to
the accused-appellant.
6. Accordingly, the 2nd application for suspension of sentence
filed under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned Additional District Judge No.2,
Udaipur who passed the impugned order 05.03.2022 in Sessions
Case No.47/2017 against the appellant-applicant-Devi Lal @
Deva S/o Bhajja Rawat 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 the learned trial
Judge for his appearance in this court on 04.04.2024 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 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 addresses, they
will give in writing their changed address to the trial
Court.
7. 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 related 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 be taken into account for statistical purpose relating to
[2024:RJ-JD:10333] (4 of 4) [SOSA-153/2024]
pendency and disposal of cases in the trial court. In case the said
accused applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J
338-Mamta/-
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