Rajasthan High Court - Jodhpur
Vinod vs State Of Rajasthan ... on 24 October, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2024:RJ-JD:43841-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal) No. 1309/2024
Vinod S/o Sohan Lal, aged about 32 Years, R/o 12Kwd Police
Station Rawatsar, District Hanumangarh (At Present lodged in
District Jail Hanumangarh)
----Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. Nishant Motsara
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 25.07.2023 passed by
the learned Special Judge, SC/ST (Prevention of Atrocities Cases),
Hanumangarh in Criminal Case No.32/2014 (CIS No.5571/2014):
Offence Sentence Fine
148 IPC 3 Years S.I. Rs.10,000/- and in default of
which to further undergo four
months' S.I.
341 IPC 1 Month S.I. --
323/149 IPC 1 Year S.I. Rs.1,000/- and in default of
which to further undergo one
month S.I.
325/149 IPC 7 Years S.I. Rs.5,000/- and in default of
which to further undergo two
months' S.I.
307/149 IPC Life Imprisonment Rs.20,000/- and in default of
which to further undergo One
Year S.I.
[2024:RJ-JD:43841-DB] (2 of 4) [SOSA-1309/2024]
460 IPC 10 Years' SI Rs.10,000/- and in default of
which to further undergo six
months' S.I.
2. The appellants-applicants have preferred this second
application 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 appellant-applicant submits that the
appellant-applicant was on bail during trial and the conviction is
under Sections 148, 341, 323/149, 325/149, 307/149 and 460
IPC.
3.1 Learned counsel for the appellant-applicant also submits that
appellant-applicant is farmer and it was only a dispute which
culminated into the present crime.
3.2 Learned counsel for the appellant-applicant also submits
that the appellant was on bail during trial. All the other co-accused
namely Hanuman, Sunil, Sandeep and Sohan Lal have been
granted bail by this Court vide order dated 05.12.2023.
4. Per contra, learned GA-cum-AAG vehemently opposes the
application for suspension of sentence on the ground that it is a
heinous crime where at night an attack was made by the accused
party and severe injuries were caused.
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, this
Court conjoint consideration of the issue that there are no criminal
antecedent, injuries are from blunt weapon, the petitioner was on
[2024:RJ-JD:43841-DB] (3 of 4) [SOSA-1309/2024]
bail during trial, mainly the IPC offence was under Section
307/149 and also the fact that the matter shall require
consideration and shall take time, thus, this Court finds it a fit
case for grant the suspension of sentence.
7. Accordingly, the instant second 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), Hanumangarh in Criminal Case
No.32/2014 (CIS No.5571/2014) against the appellant-applicant
Vinod S/o Sohan Lal 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.
8. The learned trial court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
[2024:RJ-JD:43841-DB] (4 of 4) [SOSA-1309/2024]
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 case the
said accused-applicant 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
42-Dharmendra Rakhecha & BhumikaP/-
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