Rajasthan High Court - Jodhpur
Sharwan Kumar vs State Of Rajasthan ... on 24 October, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2024:RJ-JD:43952-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1304/2024
Sharwan Kumar S/o Maniram, Aged About 48 Years, R/o 15 A.S.,
Police Station Ramsinghpur, District Sriganganagar.
(Presently Lodged Central Jail Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Vineet Jain, Sr. Advocate assisted
by Mr. Harshvardhan Singh Rathore
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. R.S. Choudhary for complainant
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
24/10/2024
1. The appellant-applicant herein has been convicted and
sentenced as below vide judgment dated 01.10.2024 passed by
the learned Additional Sessions Judge No.1, Annopgarh, District
Sriganganagar in Sessions Case No.47/2010 (CIS No.44/2014):
Offence Sentence Fine
341 IPC 1 month's S.I. Rs.500/- and in default of
which to further undergo
seven days' S.I.
323/34 IPC 1 year's R.I. Rs.1000/- and in default of
which to further undergo
fifteen days' S.I.
427 IPC 2 years' R.I. Rs.2000/- and in default of
which to further undergo one
month's S.I.
324/34 IPC 3 years' R.I. Rs.5000/- and in default of
which to further undergo one
[2024:RJ-JD:43952-DB] (2 of 5) [SOSA-1304/2024]
month's S.I.
326/34 IPC 10 years' R.I. Rs.20,000/- and in default of
which to further undergo two
months' S.I.
307/34 IPC Life Imprisonment Rs.50,000/- and in default of
which to further undergo
three months' S.I.
2. The appellant-applicant has preferred the present application
under Section 389 Cr.P.C. for suspension of sentences during the
pendency of the appeal and for release on bail on aggravated
medical condition.
3. Mr. Vineet Jain, learned Senior Advocate assisted by Mr.
Harshvardhan Singh Rathore, learned counsel for the applicant-
appellant submits the aggravated and acute medical condition of
the accused.
4. This Court vide order dated 18.10.2024 directed the
concerned authority to constitute a Medical Board and submit a
report by the next date.
5. The report dated 21.10.2024 is submitted for perusal of the
Court. The report reads as follows:-
"Medical Board Examination Report
As per order No.11364-11366 Dated
19.10.2024, medical board conducted By Principal
Medical Officer, Sri Ganganagar.
Doctor of Medical Board.
1. Dr. Sunil Bhatiwal, M.S. (Ortho)
2. Dr. Prem Arora, M.D. (Medicine)
3. Dr. Vineet Neyol, M.S. (Surgery)
4. Medical Jurist
Shri Sharvan Kumar S/o Mani Ram
Sex - male
[2024:RJ-JD:43952-DB] (3 of 5) [SOSA-1304/2024]
Address - Village 15 AS Police Station Ramsinghpur,
District Sri Ganganagar, Raj.
The medical board assembled on 21.10.2024
in compliance of above mentioned order. As per
reports presented by the Patient, he is case of
perineal electric burn with urenthral injury and
status colostomy post electric burn in 2012. Patient
had undertaken treatment at Bikaner Govt. Hospital
and later was referred to AIIMS Delhi for further
management. Patient underwent sigmoid colostomy
and debridement at Safdarjang Hospital, New Delhi.
Patient later underwent urethroplasty at MAX
Hospital, Delhi. He also underwent urethreal dilation
later on. As per X-ray of private hospital dated
25.09.2024 patient has fracture both bones of left
leg for which he is taking treatment from elsewhere
at private hospital.
In opinion of medical board above examined
person needs regular treatment, care and follow-
up."
6. The report of the Medical Board dated 21.10.2024 is taken
on record.
7. The Medical Board Specialist on the limited count of the
extreme medical emergency and medical condition and the
recommendation of the Doctors is that the patient would require
regular treatment, care and follow-up.
8. Learned Public Prosecutor as well as Mr. R.S. Choudhary,
learned counsel appearing on behalf of complainant vehemently
oppose the application for suspension of sentence but does not
oppose the factual matrix and medical condition of the applicant-
appellant.
9. On perusing the medical report and the condition of the
patient - applicant-appellant, this Court deems it appropriate to
suspend the substantive sentence of the appellant-applicant
during the pendency of the appeal.
[2024:RJ-JD:43952-DB] (4 of 5) [SOSA-1304/2024]
10. Accordingly, the instant application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that substantive sentence passed by learned Additional
Sessions Judge No.1, Annopgarh, District Sriganganagar in
Sessions Case No.47/2010 (CIS No.44/2014) against the
appellant-applicant Sharwan Kumar S/o Maniram 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 learned trial Judge for his 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 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 address(s)
they will give in writing their changed address to the
trial court.
11. The learned trial court shall keep the record of attendance of
the applicant-appellant in a separate file. Such file be registered
as Criminal Misc. Case relating 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 been taken into account for statistical purpose
relating to pendency and disposal of the cases in the trial court. In
[2024:RJ-JD:43952-DB] (5 of 5) [SOSA-1304/2024]
case the said applicant-appellant 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
262-Ramesh/PoonamS/-
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