Rajasthan High Court
Tara Chand Son Of Devlal vs State Of Rajasthan (2024:Rj-Jp:43040) on 10 October, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:43040]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1738/2024
In
S.B. Criminal Appeal No.2355/2024
1. Tara Chand Son Of Devlal, Aged About 36 Years, Resident
Of Pura, Police Station Mandawar District Jhalawar (At
Present In District Jail Jhalawar)
2. Amarsingh @ Narayan Singh Son Of Devilal, Aged About
38 Years, Resident Of Pura, Police Station Mandawar
District Jhalawar (At Present In District Jail Jhalawar)
3. Bheri Bai Wife Of Tara Chand, Aged About 35 Years,
Resident Of Pura, Police Station Mandawar District
Jhalawar (At Present In District Jail Jhalawar)
4. Radha Bai D/o Tara Chand, Aged About 19 Years,
Resident Of Pura, Police Station Mandawar District
Jhalawar (At Present In District Jail Jhalawar)
----Petitioners
Versus
State Of Rajasthan, Through P.P
----Respondent
For Petitioner(s) : Mr. Shyam Bihari Gautam
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
10/10/2024
1. Heard learned counsel for the applicant-appellant and
learned State counsel on the application for suspension of
execution of sentence.
2. The applicants-appellants herein have been convicted for the
offences punishable under Sections 341/34, 323/34, 307/34 &
[2024:RJ-JP:43040] (2 of 4) [SOSA-1738/2024]
304/34 of IPC vide judgment dated 22.08.2024 passed by learned
Special Judge, SC/ST (Prevention of Atrocities Cases) Jhalawar
(Raj.) in Sessions Case No.06/2019 (CIS No.06/2019) and has
been sentenced to maximum punishment of ten years.
3. Learned counsel for the appellants-applicants submits that
appellants-applicants have wrongly been convicted by the learned
trial Court. Counsel submits that learned trial Court has failed to
appreciate the evidence available on record in correct perspective.
Counsel submits that initially, appellants were tried for the
offences under Section 302 of IPC but learned trial Court has
recorded the conviction under Section 304 of IPC. Counsel submits
that allegation of the head injury sustained to the deceased was
levelled against the Tara Chand and he has suffered incarceration
of more than five years. Counsel submits that there is no
allegations against the other appellants to cause head injury to
the deceased. Counsel further submits that during trial appellants
were on bail and they did not misuse the liberty of bail and there
is no immediate prospect of hearing and disposal of the appeal in
near future.
4. Learned State Counsel opposes the submissions made by the
counsel for the appellant-applicant.
5. Upon a consideration of the arguments advanced on behalf
of counsel for the appellant and learned State Counsel and having
regard to the facts and circumstances as available on the record
and especially the fact that allegation of causing head injury to the
deceased is against the appellant Tara Chand and he has already
[2024:RJ-JP:43040] (3 of 4) [SOSA-1738/2024]
suffered incarceration of more than five years out of maximum
sentence of ten years; during trial all the appellants were on bail,
this Court is of the opinion that the appellants have available to
them strong grounds to assail the impugned judgment of
conviction and sentence. Thus, it is a fit case for suspending the
sentences awarded to the applicants-appellants during pendency
of the instant appeal.
6. Accordingly, the application for suspension of sentence filed
under Section 430 of B.N.S.S. is allowed and it is ordered that the
sentences passed by the Special Judge, SC/ST (Prevention of
Atrocities Cases) Jhalawar (Raj.) in vide judgment dated
22.08.2024 in Sessions Case No.06/2019 (CIS No.06/2019)
against the appellants-applicants (1) Tara Chand S/o Devlal,
(2) Anarsingh @ Narayan Singh S/o Devlal, (3) Bheri Bai
W/o Tara Chand & (4) Radha Bai D/o Tara Chand shall
remain suspended till final disposal of the aforesaid appeal and he
shall be released on bail, provided they 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 12.11.2024 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the applicants changes the place of
residence, they will give in writing their changed
address to the trial Court as well as to the counsel
in the High Court.
[2024:RJ-JP:43040] (4 of 4) [SOSA-1738/2024]
3. Similarly, if the sureties change their address(s),
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-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants 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 relating to
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.
(ANIL KUMAR UPMAN),J
LALIT MOHAN /80
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