Rajasthan High Court - Jodhpur
Raghunath Ram vs State Of Rajasthan ... on 17 October, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2024:RJ-JD:42333-DB] (1 of 5) [SOSA-976/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 976/2024
1. Raghunath Ram S/o Dhuda Ram, Aged About 60 Years,
R/o Village Chakhu, P.s. Jamba, Dist. Jodhpur. (Lodged In
Central Jail, Jodhpur)
2. Mohan Ram S/o Nanak Ram, Aged About 52 Years, R/o
Village Chimana, P.s. Jamba, Dist. Jodhpur. (Lodged In
Central Jail, Jodhpur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
D.B. Criminal Appeal No. 738/2009
Shiv Lal And Ors.
----Petitioner
Versus
State
----Respondent
D.B. Criminal Appeal No. 761/2009
Kishna Ram
----Petitioner
Versus
State
----Respondent
D.B. Criminal Appeal No. 768/2009
Ghamanda Ram
----Petitioner
Versus
State
----Respondent
(Downloaded on 17/10/2024 at 09:45:53 PM)
[2024:RJ-JD:42333-DB] (2 of 5) [SOSA-976/2024]
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Adv. assisted
by Mr. Pradeep Choudhary
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
17/10/2024
In D.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 976/2024:-
1. The appellant-applicants herein have been convicted and
sentenced as below vide judgment dated 01.08.2024 passed by
the learned Sessions Judge No.4, Jodhpur Metropolitan in Sessions
Case No.01/2012:-
Offence Sentence In default of payment of fine to
further undergo
302/149 IPC Life imprisonment Six months' additional Simple
with fine of Imprisonment
Rs.10,000/-
332 IPC Simple ----
Imprisonment for
two year
353 IPC Simple ----
Imprisonment for
one year
341 IPC Simple ----
Imprisonment for
fifteen days
148 IPC Simple ------
Imprisonment for
two year
2. The appellant-applicants have preferred the application for
suspension of sentence under Section 389 Cr.P.C. for suspension
[2024:RJ-JD:42333-DB] (3 of 5) [SOSA-976/2024]
of sentences during the pendency of the appeal and for release on
bail.
3. Mr. J.S. Choudhary, learned Senior Advocate assisted by
learned counsel Mr. Pradeep Choudhary, submits that sentence of
co-accused Kishna Ram (vide order dated 15.03.2010 passed in
D.B. Criminal Misc. Suspension of Sentence Application
No.1038/2009) and Ghamanda Ram (vide order dated 15.03.2010
passed in D.B. Criminal Misc. Suspension of Sentence Application
No.1052/2009) have already been suspended by a coordinate
Bench of this Hon'ble Court.
3.1. Learned Senior Advocate further submits that the reason for
suspension of sentences of the co-accused was that at the time
when the incident happened, that deceased Kheev Singh was
initially standing on a platform and while coming down from the
stairs, he fell and he suffered an injury on back side of the head.
Learned Senior Advocate has further pointed out from the order of
the coordinate Bench that as per statement of PW-13 (Dr. P.C.
Vyas), only one injury was on head and that could have been
received on falling down by the person. Learned Senior Advocate
further submits that case of the present appellants is absolutely
similar to the case of the co-accused.
4. Learned Government Advocate cum Additional Advocate
General opposes the application for suspension of sentence but
fairly admits that there is no difference between the role of
present applicants and the co-accused, who have already been
granted bail.
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5. Heard learned counsel for the parties and perused the
material available on record.
6. Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced at the Bar and
also considering the fact that the sentences of similarly situated
co-accused persons have already been suspended, this Court is of
the opinion that the bail application for suspension of sentence
filed by the petitioner deserves to be accepted.
7. Accordingly, this S.B. Suspension of Sentence Application
(Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered
that the substantive sentence passed by the trial court vide
judgment dated 01.08.2024 passed by the learned Sessions Judge
No.4, Jodhpur Metropolitan in Sessions Case No.01/2012 against
appellants - (1) Raghunath Ram S/o Dhuda Ram (2) Mohan
Ram S/o Nanak Ram shall remain suspended till final disposal of
the aforesaid appeal, 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 25.11.2024 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 appellants change the place of
residence, they will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
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3. Similarly, if the sureties change their address,
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-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants 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-appellants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
In D.B. Criminal Appeal Nos. 738/2009, 761/2009 &
List the matters after four weeks, as prayed.
(MUNNURI LAXMAN),J (DR.PUSHPENDRA SINGH BHATI),J
121-124-Nirmala
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