Rajasthan High Court - Jodhpur
Jaswant vs State Of Rajasthan ... on 23 October, 2024
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2024:RJ-JD:43556-DB] (1 of 4) [SOSA-1285/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1285/2024
1. Jaswant S/o Shri Kartar Singh, Aged About 45 Years, R/o
Ward No. 9, Jhiloda, Tehsil Bhadra, Dist. Hanumangarh.
(At Present Lodged In Dist. Jail, Hanumangarh)
2. Lal Chand S/o Shri Bhup Singh, Aged About 50 Years, R/o
Ward No. 9, Jhiloda, Tehsil Bhadra, Dist. Hanumangarh.
(At Present Lodged In Dist. Jail, Hanumangarh)
3. Kalu Ram S/o Shir Bhup Singh, Aged About 48 Years, R/o
Ward No. 9, Jhiloda, Tehsil Bhadra, Dist. Hanumangarh.
(At Present Lodged In Dist. Jail, Hanumangarh)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
23/10/2024
1. The appellant-applicants herein have been convicted and
sentenced as below vide judgment dated 30.09.2024 passed by
the learned Special Judge, SC/ST (Prevention of Atrocity) Cases,
Hanumangarh in Sessions Case No.24/2016:
Offence Sentence Fine
308 IPC Seven years' S.I. Rs.10,000/- and in default of
which to further undergo three
months.
323/34 IPC One year' S.I. Rs.1,000/- and in default of
which to further undergo 15
[2024:RJ-JD:43556-DB] (2 of 4) [SOSA-1285/2024]
days.
341 IPC One Month' S.I. Rs.500/- and in default of which
to further undergo seven days.
342 IPC one year' S.I. Rs.1,000/- and in default of
which to further undergo 15
days.
324/34 IPC three years' S.I. Rs.3,000/- and in default of
which to further undergo one
month.
326/34 IPC ten years' S.I. Rs.10,000/- and in default of
which to further undergo three
months.
325/34 IPC five year' S.I. Rs.5,000/- and in default of
which to further undergo two
months.
3(1)(x) of SC/ST Six months' S.I.. Rs.500/- and in default of which
Act to further undergo 7 days.
3(2)(v) of SC/ST Life Imprisonment Rs.10,000/- and in default of
Act which to further undergo 6
months.
2. The appellant-applicants have preferred the application for
suspension of sentence under Section 389 Cr.P.C. for suspension
of sentences during the pendency of the appeal and for release on
bail.
3. Learned counsel for the appellant submits that incident is of
02.12.2015 at about 11.00 and the allegation is that the
applicants-appellants caught hold of the injured complainant, took
him in their house, physically assaulted him, and abused him
based on his caste.
3.1 He further submits that there is a cross FIR, in which also
challan has been filed. He further submits that since the house
belonged to the present appellant-applicant, it casts serious doubt
on the prosecution story, as who is the actual aggressor. He
further submits that the applicants-appellants were on bail during
trial.
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4. Learned Public Prosecutor opposes the application for
suspension of sentence with the submission that there are a total
of 25 injuries sustained by the complainant, some of which are
grievous in nature.
5. This Court after examining the record of the case as well as
the cross FIR having been culminated into challan and taking into
consideration the offences under Section 326 of IPC and Section
3(2)(v) of SC/ST Act, as well as the fact that the appellants-
applicants were on bail during trial, deems it appropriate to
suspend the substantive sentence of the appellants-applicants
during the pendency of the appeal.
6. Accordingly, the instant application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that substantive sentence passed by learned Special
Judge, SC/ST (Prevention of Atrocity) Cases, Hanumangarh in
Sessions Case No.24/2016, against the appellants-applicants,
namely, (1) Jaswant S/o Shri Kartar Singh, (2) Lal Chand
S/o Shri Bhup Singh & (3) Kalu Ram S/o Shir Bhup Singh,
shall remain suspended till final disposal of the aforesaid appeal
and they shall be released on bail, provided each of them execute
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 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.
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2. That if the applicants change 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.
7. The learned trial court shall keep the record of attendance of
the accused-applicant 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 does 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
182-devrajP/-
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