Rajasthan High Court - Jodhpur
Vishnu Dutt @ Bishna Ram vs State Of Rajasthan (2024:Rj-Jd:36301) on 2 September, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JD:36301]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 861/2024
IN
S.B. Criminal Appeal No. 1044/2024
1. Vishnu Dutt @ Bishna Ram S/o Ramu Ram, Aged About
38 Years, R/o Ban, Police Station Sri Dungargarh, Dist.
Bikaner (At Present Lodged In Central Jail, Bikaner)
2. Smt. Chanda Devi @ Rami Devi W/o Ramu Ram, Aged
About 80 Years, R/o Ban, Police Station Sri Dungargarh,
Dist. Bikaner (At Present Lodged In Central Jail, Bikaner)
----Applicants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Applicants (s) : Mr. Deepak Menaria.
For Respondent(s) : Mr. Prem Singh Panwar, PP.
Mr. Sahi Ram Godara.
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
02/09/2024
1. Heard the parties on prayer for suspension of sentence.
2. Appellant No.1 is husband of the victim of dowry death.
Appellant No.2 is mother-in-law, aged about 80 years. By the
impugned judgment, conviction has been recorded for offences
under Sections 498-A and 304- B IPC.
3. Learned counsel for the appellant submits, the fact is that
three full sisters were married in the same family. One of the
sisters is the victim of this case. The parties have now amicably
[2024:RJ-JD:36301] (2 of 3) [SOSA-861/2024]
settled their dispute to protect the life of other full sisters so the
prayer for suspension of sentence be allowed.
4. Learned Public Prosecutor as well as counsel for the
complainant opposed the prayer for suspension of sentence.
5. Perused the evidence on record. Considering the offences
proved and punishment awarded, which is rigorous imprisonment
of 7 years, this Court is not inclined to suspend the sentence of
applicant No.1 Vishnu Dutt @ Bishna Ram. Hence, prayer for
Suspension of Sentence qua applicant No.1 is refused.
6. Appellant No.2 is a female aged about 80 years and is
carrying general and omnibus allegation, hence, her prayer for
suspension of sentence is allowed. The sentence awarded against
applicant No.2 Smt. Chanda Devi @ Rami Devi by the Learned
Additional Sessions Judge, Sridungargarh, District Bikaner vide
judgment dated 06.07.2024 passed in Sessions Case No. 10/2009
shall remain suspended till final disposal of the appeal provided
that she furnishes a bail bond of Rs.50,000/- with two sureties of
like amount (one of the sureties of territorial jurisdiction of trial
court) to the satisfaction of the learned trial Court with following
conditions:-
(1) That she will appear in person before the trial court in
the first week of July of every year till the appeal is decided.
(2) That if the applicant changes the place of residence, she
will give in writing her 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(s) to the trial
court.
[2024:RJ-JD:36301] (3 of 3) [SOSA-861/2024]
7. Hence, application for suspension of sentence stands partly
allowed and partly refused.
8. The learned trial court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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-applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
9. Appearance of the parties is complete.
10. Lower court record is already there.
11. Let the appeal itself be listed on 10.10.2024 for final hearing.
(BIRENDRA KUMAR),J
112-sumer/-
Powered by TCPDF (www.tcpdf.org)
