Rajasthan High Court - Jodhpur
Jora Ram vs State Of Rajasthan ... on 1 October, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2024:RJ-JD:40619-DB] (1 of 4) [SOSA-1086/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension of Sentence Application (Appeal)
No. 1086/2024
1. Jora Ram S/o Shri Sona Ram, aged about 51 Years,
2. Purma Ram S/o Shri Natha Ram, aged about 54 years
Both R/o Village Jodwala, P.S. Ramseen Dist. Jalore (At
present lodged in Central Jail, Jodhpur)
----Petitioners
Versus
1. State of Rajasthan, through PP
2. Kala Ram son of Shri Vagaji, resident of Jodwala, Tehsil
Bhinmal.
----Respondents
For Petitioner(s) : Mr. Suresh Kumbhat
For Respondent(s) : Mr. N.K. Gurjar, GA-cum-AAG with
Mr. Yogendra Charan, AAAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
01/10/2024
1. The appellant-applicants herein has been convicted and
sentenced as below vide judgment dated 23.08.2024 passed by
the learned Special Judge, (SC/ST [Prevention of Atrocities]
Cases), Jalore in Criminal Case No.20/2019 (CIS No.38/2015):
Offence Sentence Fine
341/34 IPC 1 Month S.I. Rs.500/- and in default of
which to further undergo one
month S.I.
323/34 IPC 6 Months S.I. Rs.1,000/- and in default of
which to further undergo one
month S.I.
326/34 IPC 6 Months S.I. Rs.1,000/- and in default of
which to further undergo
three months' S.I.
3(1)(x) SC/ST 4 Years S.I. Rs.5,000/- and in default of
Act which to further undergo
[2024:RJ-JD:40619-DB] (2 of 4) [SOSA-1086/2024]
three months' S.I.
3(2)(v) SC/ST Life Imprisonment Rs.10,000/- and in default of
Act which to further undergo six
months' S.I.
2. The appellants-applicants have preferred the application for
suspension of sentence under Section 430 (Old 389 Cr.P.C.)
Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of
sentences during the pendency of the appeal and for release on
bail.
3. Learned counsel for the appellants-applicants submits that
the incident in question happened on 04.10.2024 in the afternoon
at about 3:30 p.m., in which, it is alleged that when they went to
the bus stand at that time, Sonaram Choudhary came there and
Mod Singh and Sonaram started having an altercation. When
Mansharam tried to stop the altercation upon which Sonaram
alongwith Punaram S/o Sonaji, Joraram, Pancharam, Natharam,
Punaram S/o Nathaji and Kantilal all resident of Jodwara, Tehsil
Bhinmal came to the spot being armed with an Axe, iron rods and
Lathi and attacked Mancharam and also abused him by using
derogatory language.
3.1 Learned counsel for the appellants-applicants also submits
that injuries caused to injured are on hand and leg. He also
submits that due to the unreliable nature of the evidence, certain
part of the allegation particularly under Section 354 I.P.C., was not
made out.
3.2 Learned counsel for the appellants-applicants also submits
that the appellants were on bail during trial. The conviction in the
present case is under Section 341/34, 323/34, 326/34 I.P.C., and
[2024:RJ-JD:40619-DB] (3 of 4) [SOSA-1086/2024]
Section 3(1)(x) & 3(2)(v) of the SC/ST Act. The punishment under
Section 3(2)(v) SC/ST Act is Life Imprisonment and rest of the
offences have lesser sentence ranging from one month to seven
years.
4. Per contra, learned GA-cum-AAG vehemently opposes the
application for suspension of sentence.
5. This Court has considered the submissions made by learned
counsel for the parties and perused the material available on
record. After careful examination of the impugned judgment,
particularly paragraph 25 of the impugned order, this Court is of
the opinion that in the given factual circumstances when no
grievous injury is found on vital part of the injured and the
determination whether the appellant-applicant had abused the
complainant by using improper and unlawful language was
deliberated or not, thus, this Court finds it a fit case for grant the
suspension of sentence.
7. Accordingly, the instant application for suspension of
sentences filed under Section 430 (Old 389 Cr.P.C.) Bharatiya
Nagarik Suraksha Sanhita, 2023 is allowed and it is ordered that
substantive sentence passed by learned Special Judge, SC/ST
(Prevention of Atrocities) Cases, Jalore in Criminal Case
No.20/2019 (CIS No.38/2015) against the appellants-applicants
Jora Ram S/o Shri Sona Ram and Purma Ram S/o Shri
Natha Ram shall remain suspended till final disposal of the
aforesaid appeal and they shall be released on bail, provided he
executes a personal bond in the sum of Rs.50,000/- each with two
sureties of Rs.25,000/- each to the satisfaction of learned trial
[2024:RJ-JD:40619-DB] (4 of 4) [SOSA-1086/2024]
Judge for their appearance in this Court on 04.11.2024 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.
3. Similarly, if the sureties change their address(s)
they will give in writing their changed address to the
trial court.
8. 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 relating 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 been taken into account for statistical purpose relating to
pendency and disposal of the cases in the trial court. In case the
said accused-applicants did not appear before the trial court,
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MUNNURI LAXMAN),J (DR. PUSHPENDRA SINGH BHATI),J
24-Dharmendra Rakhecha & BhumikaP/-
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