Rajasthan High Court
Ramkesh S/O Gopi vs State Of Rajasthan (2024:Rj-Jp:4143) on 24 January, 2024
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2024:RJ-JP:4143]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2065/2023
IN
S.B. Criminal Appeal No.3713/2023
1. Ramkesh S/o Gopi, Aged About 45 Years, Resident Of
Keero Ki Dhani, Padhana, P.s. Soorwal District Sawai
Madhopur
2. Manraj S/o Kanji, Aged About 25 Years, Resident Of Keero
Ki Dhani, Padhana, P.s. Soorwal District Sawai Madhopur
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Harkesh Keer S/o Ratan Lal Keer, Resident Of Keero Ki
Dhani, Padhana, P.s. Soorwal District Sawai Madhopur
----Respondents
For Petitioner(s) : Mr. Hemant Kankoriya
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
24/01/2024
This Criminal Misc. Suspension of Sentence Application is
preferred against the impugned judgment dated 11.12.2023
passed by the learned Additional Sessions Judge, Sawai Madhopur
in Sessions Case No.85/2019, whereby, the accused-appellants
were convicted for the offence under Sections 341, 323/34,
324/34, 336/34 and 308/34 of I.P.C.
Learned counsel for the accused-appellants submits that
accused-appellants have wrongly been convicted under Sections
[2024:RJ-JP:4143] (2 of 4) [SOSA-2065/2023]
341, 323/34, 324/34, 336/34 and 308/34 of I.P.C. He further
submits that as per the medical report, Dr. Meghraj Meena PW-13
in his cross-examination has clearly stated that injuries caused to
all the injured were not dangerous to life.
Learned counsel for the accused-appellants further submits
that cross-case bearing FIR No.229/2019 registered at Police
Station Soorwal District Sawai Madhopur for the offences under
Sections 148, 341, 323/149, 324/149, 336/149 and 308/149 was
lodged against the complainants namely Ramkesh, Ranga,
Mithalal, Chhotya and Hemraj and in the cross case the concerned
Court vide judgment dated 11.12.2023 in Sessions Case
No.86/2019 has convicted the aforesaid complainants for the
offences under Sections 148, 341, 323/149, 324/149, 336/149 and
308/149. He also submits that due to altercation between the
parties, the accused-appellants also suffered injuries. During the
course of trial, accused-appellants were on regular bail and they
never breached the conditions of bail, so also the decision of the
appeal may take considerable, therefore, sentence awarded to the
accused-appellants may be suspended during the pendency of the
appeal.
Learned Public Prosecutor vehemently opposes the
suspension of sentence application.
Heard learned counsel for the accused-appellants as well as
learned Public Prosecutor on the application for suspension of
sentence and perused the material available on record.
Considering the statement of Dr. Meghraj Meena PW-13 that
no injuries were found to be dangerous to life and taking into
consideration the fact that accused-appellants also suffered
[2024:RJ-JP:4143] (3 of 4) [SOSA-2065/2023]
injures, so also hearing of the appeal may take considerable time,
this Court is of the opinion that it is a fit case for suspending the
sentences awarded to the accused-appellants during pendency of
the instant appeal.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Additional Sessions Judge, Sawai
Madhopur in Sessions Case No.85/2019 vide judgment dated
11.12.2023 against the appellants-applicants (1) Ramkesh S/o
Gopi and (2) Manraj S/o Kanji, shall remain suspended till final
disposal of the aforesaid appeal and they shall be released on bail,
provided each of them execute 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 their appearance in this
court on 28.02.2024 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) change(s) the place of
residence, he/she/they will give in writing
his/her/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,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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
[2024:RJ-JP:4143] (4 of 4) [SOSA-2065/2023]
relating to pendency and disposal of cases in the trial court. In
case the said accused applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(PRAVEER BHATNAGAR),J
112-SURAJ KUMAR
Powered by TCPDF (www.tcpdf.org)
