Rajasthan High Court - Jodhpur
Deepak vs State Of Rajasthan ... on 18 September, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:38458-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 316/2024
Ramesh S/o Khem Raj, Aged About 23 Years, R/o At Present
Balicha, In front Of Om Banna Dham, Goverdhan Vilas, District
Udaipur. (Presently lodged At Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1139/2023
Deepak S/o Bhanwar Lal, Aged About 27 Years, R/p Gali No. 02
Nathmadri, Pratap Nagar, Dist. Udaipur (Presently Lodged At
Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. R.K. Charan.
Mr. Bhagat Dadhich.
For Respondent(s) : Mr. N.K. Gurjar, GA-cum-AAG.
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
18/09/2024
Heard learned counsel for the applicants and learned
Additional Advocate General. Perused the material available on
record.
[2024:RJ-JD:38458-DB] (2 of 4) [SOSA-316/2024]
2. These applications under section 389 of the Code of Criminal
Procedure have been filed in D.B. Criminal Appeal No.177/2022 by
Ramesh and in D.B. Criminal Appeal No.10/2023 by Deepak.
3. In Sessions Case No.57/2018, five persons were convicted
and sentenced to life imprisonment with fine of Rs.5,000/- each
both under sections 302/34 and 394 IPC; S.I. for 7 years with a
fine of Rs.5,000/- each both under sections 365 and 201 IPC.
4. In trial, the prosecution examined 21 witnesses out of whom
Neha Sharma who tendered evidence as PW-2 has been projected
as an eye-witness; she is the daughter of the deceased Yashwant
Sharma.
5. Mr. N.K. Gurjar, the learned Additional Advocate General
raising objection to the present applications for suspension of
sentence submits that the applicant-appellant Deepak has criminal
antecedent of 8 criminal cases and Ramesh has one. However, the
learned counsel for the applicant-Deepak submits that as per the
prosecution story Deepak was not carrying any weapon and,
moreover, the main allegation of assault upon Yashwant Sharma
has been levelled against Jagdish who has been declined
suspension of sentence by a coordinate Bench of this Court.
6. Both the applicants are in custody since 13th August 2018.
7. The learned counsels for the applicant-appellants have also
relied on the orders passed by the coordinate Benches of this
Court in D.B. Criminal Misc. Suspension of Sentence Application
(Appeal) Nos.748/2022 and 1/2023 by which, Ganesh Lal and
Rajmal have been released on bail by suspending the sentence
awarded to them in Sessions Case No.57/2018.
[2024:RJ-JD:38458-DB] (3 of 4) [SOSA-316/2024]
8. After having examined the material on record and the
judgment in Sessions Case No.57/2018, we do not find any
appreciable difference in the case set up by the prosecution
against Ganesh Lal and Rajmal and the present applicants.
9. Moreover, having regard to the pendency of criminal appeals,
there is no reasonable possibility of hearing of the criminal appeals
preferred by Ramesh and Deepak in near future.
10. Having regard to the aforesaid facts and circumstances in the
case, we are inclined to grant indulgence to the present
applications for suspending the sentence during pendency of these
appeals.
11. Accordingly, these applications for suspension of sentence
filed under section 389 Cr.P.C. are allowed and it is ordered that
the substantive sentence passed by the Additional Sessions Judge
No.4, Udaipur, vide judgment dated 12th July 2022 in Sessions
Case No.57/2018 (CIS No.235/2018) against the appellants-
applicants (1) Ramesh S/o Khem Raj, and (2) Deepak S/o
Bhanwar Lal, shall remain suspended till final disposal of the
aforesaid appeals and they shall be released on bail, provided
each of them executes 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 21st
October 2024 and whenever ordered to do so till the disposal of
the appeals on the conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeals is
decided.
2. That if the applicants change the place of
residence, they will give in writing their changed
[2024:RJ-JD:38458-DB] (4 of 4) [SOSA-316/2024]
address to the trial Court as well as to the counsel in
the High Court.
3. Similarly, if the sureties change their address, they
will give in writing their changed address to the trial
Court.
12. The learned trial Court shall keep the record of attendance of
the accused-applicants in a separate file. Such file be registered as
Criminal Misc. Case related 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 be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial Court. In case the said
accused applicants do not appear before the trial Court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
13. A copy of this order be placed in each file.
(KULDEEP MATHUR),J (SHREE CHANDRASHEKHAR),J
54-Hanuman/Tikam-
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