Prakashchandra vs State Of Rajasthan (2024:Rj-Jd:39746)
2024 Latest Caselaw 8477 Raj

Rajasthan High Court - Jodhpur

Prakashchandra vs State Of Rajasthan (2024:Rj-Jd:39746) on 24 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

[2024:RJ-JD:39746]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 982/2024

                                           IN

                     S.B. Criminal Appeal No. 1221/2024

1. Prakashchandra S/o Sh. Ganeshlal, Aged About 33 Years, R/o
Govaliya, Ps Kunwariya, Dist. Rajsamand, Raj. (Lodged In Dist.
Jail, Rajsamand.)
2. Ganeshlal S/o Shri Chaturbhuj, age 61 years, R/o Govaliya,
Police Station Kunwariya, District Rajsamand (Raj.). (Presently
lodged in District Jail, Rajsamand).
                                                                      ----Applicants
                                       Versus
1. State Of Rajasthan, Through Pp
2. Pappu S/o Shri Jagdish, R/o Sardargarh, Police Sation, Amet,
District Rajsamand (Raj.).
                                                                    ----Respondents


For Applicants(s)            :     Mr. Vineet Jain, Sr. Advocate assisted
                                   by Mr. Harshvardhan Singh.
For Respondent(s)            :     Mr. Urja Ram Kalbi, PP.
                                   Mr. Dinesh Chandra Mali.



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

24/09/2024

1. Heard learned counsel for the parties on the prayer for

suspension of sentence. Respondent no. 2 Pappu, who is

informant, is reported dead. However, Mr. Dinesh Chandra Mali,

learned counsel, is appearing for Jagdish, the victim of the

assault.

2. According to FIR, for the referred dispute arising due to

taking out of sand from the field of the informant, co-accused

[2024:RJ-JD:39746] (2 of 3) [SOSA-982/2024]

Ganeshlal is said to have caused injury at the head of Jagdish with

saria. The appellants caused injury on the limbs, non vital part of

the body, to attract the offence under Section 307 IPC.

3. Learned counsel for the victim as well as State opposed the

prayer for suspension of sentence.

4. Considering the nature of material against the applicants and

the fact that the appeal would take time for final disposal, the

application for suspension of sentence is allowed and the sentence

awarded against the applicants above-named by the learned

Special Judge, SC/ST (Prevention of Atrocities) Act Cases,

Rajsamand vide judgment dated 05.08.2024 passed in Sessions

Case (SC/ST Act) No. 26/2019 shall remain suspended till final

disposal of the appeal provided they furnish 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 they 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 applicants change the place of residence, he will give in writing their 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.

5. 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

[2024:RJ-JD:39746] (3 of 3) [SOSA-982/2024]

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.

(BIRENDRA KUMAR),J 250-sumer/-

Powered by TCPDF (www.tcpdf.org)