Rajasthan High Court - Jodhpur

Shankar Lal vs State Of Rajasthan ... on 8 April, 2025

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2025:RJ-JD:18021-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 D.B. Criminal Misc Suspension of Sentence Application (Appeal)
                                  No. 118/2025
Shankar Lal son of Panna Lal Jat, aged about 37 Years, resident
of Satliyawas, P.S. Gangapur Dist Bhilwara. (at present lodged in
Central Jail Udaipur)
                                                                      ----Petitioner
                                       Versus
State of Rajasthan, Through PP
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Kaluram Bhati
For Respondent(s)            :     Mr. C.S. Ojha, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE SANDEEP SHAH

Order 08/04/2025

1. The appellant-applicant herein has been convicted and

sentenced as below vide judgment dated 26.09.2023 passed by

the learned Additional Sessions Judge No.1, Chittorgarh in

Sessions Case No.202/2017:

Offences Prison In default of payment of fine U/s Punishment further undergo 364 of IPC Rigorous Extra 4 Months of R.I. Imprisonment for 10 Years with the fine of Rs.10,000/-

302/34 of IPC Imprisonment for Extra 6 Months of R.I. Life with the fine of Rs.15,000/-

120-B of IPC        Rigorous             Extra 4 Months of R.I.
                    Imprisonment     for
                    10 years with the
                    fine of Rs.10,000/-
201 of IPC          Rigorous            Extra 2 Months of R.I.
                    Imprisonment for 3
                    years with the fine
                    of Rs.5,000/-



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2. The appellant-applicant has 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-applicant submits that the

co-accused Hajari Lal has been granted suspension of sentence

application by this Court in D.B. Criminal Misc. Suspension of

Sentence Application No.1402/2024 on 04.12.2024. The order

dated 04.12.2024, reads as under:-

"This suspension of sentence application has been filed by Hajari Lal who has been convicted and sentenced to imprisonment for life and fine of Rs.15,000/- under Section 302/34 of IPC; rigorous imprisonment for ten years and fine of Rs.10,000/- under Section 364 IPC; imprisonment for life and fine of 10,000/- under Section 120-B IPC; rigorous imprisonment for three years and fine of Rs.5,000/- under Section 201 of IPC.

2. According to the prosecution, the convict- applicant was the person who was driving the vehicle on which the deceased, namely, Mohanlal was abducted by Kamla alongwith Shankalal.

3. The case of the prosecution is based on circumstantial evidence of last seen together theory.

4. PW-8 and PW-15 are the witnesses who claimed in the Court that they found the accused persons in the company of Mohanlal on the evening of 3rd July 2017 and, thereafter, Mohanlal was not seen alives.

5. Mr. C. S. Ojha, the learned Public Prosecutor opposing this suspension of sentence application submits that the present convict-applicant is not entitled for suspension of sentence particularly in view of the findings recorded by the Sessions Court.

6. The convict-applicant has remained in custody for more than seven years and six months.

7. This is the prosecution case that Kamla was found quarreling with Mohanlal on the date of the occurrence. This is also indisputed that the convict- applicant Hajari Lal had no previous enmity with Mohanlal. Having found from the materials on record that the present convict-applicant was the person who was driving the vehicle and except that any other circumstance has not been proved against him nor the fact that he had past criminal history, we have formed an opinion that the convict-applicant is entitled for suspension of sentence awarded to him in Sessions Case no. 202 of 2017.

8. Accordingly, D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1402 of 2024 is allowed and it is ordered that the substantive sentence awarded to the convict-applicant Hajari Lal son of Mangi Lal shall remain suspended till final

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disposal of D.B. Criminal Appeal no. 233 of 2023 and he shall be released on bail, upon furnishing 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. He would appear in this Court on 10 January 2025 and whenever ordered to do so, till disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January 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.

9. 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 purposes relating to pendency and disposal of cases in the trial Court. In case the accused applicants fail to appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail."

3.1 Learned counsel further submits that upon examining the

testimonies of PW-8 and PW-15, regarding the last scene, the

roles of Hajari Lal and the present appellant-applicant is almost on

the same pedestal. He further contends that on the date of the

incident, it was Kamla who was engaged in a quarrel with Mohan

Lal, and thus, the record does not indicate any kind of previous

animosity.

4. Learned Public Prosecutor opposes the application for

suspension of sentence, but he is unable to refute the submissions

regarding the testimonies of PW-8 and PW-15. He also admits that

the applicant-appellant Shankar Lal is at par with the accused

already released on suspension of sentence application i.e. Hajari

Lal. He also confirms that the appellant-applicant is in custody

since 07.07.2017, which is more than 07 years.

5. This Court, on a conjoint consideration of the fact of the

prolonged custody, the grant of suspension of sentence application

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to the co-accused Hajari Lal, the statement of PW-8 & PW-15, is

inclined to suspend the suspension of sentence application.

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 Additional

Sessions Judge No.1, Chittorgarh in Sessions Case No.202/2017,

against the appellant-applicant, namely, Shankar Lal S/o

Panna Lal Jat, 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 12.05.2025 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 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.