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2014 DIGILAW 1184 (RAJ)

Bheru Singh v. State of Rajasthan

2014-05-21

ATUL KUMAR JAIN, GOVIND MATHUR

body2014
JUDGMENT 1. While pressing this application, learned Counsel for the applicant submits that the cause of death of deceased Chunni Lal is brain hemorrhage and shock due to grievous injuries. It is pointed out that an axe was recovered at the instance of co-accused Laxman and three incised wounds were found on the head of deceased. The fatal injuries, as such, are assigned to co-accused Laxman. So far as the present applicant is concerned, at his instance a 'lathi' was recovered and, therefore, his case is distinguishable with the case of co-accused Laxman, who has given fatal injuries. It is further submitted that the accused-applicant is an old man of 71 years of age and he is suffering from acute cardiac ailment and to have necessary treatment he also availed temporary suspension of sentence. 2. Learned Public Prosecutor while opposing the application submits that the conviction of present applicant has been recorded with the aid of Section 34 l.P.C., therefore, the distinction advanced is immaterial. It is further submitted that the applicant has also been convicted for the offence punishable under Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act and, therefore, he is not entitled for any leniency. 3. We have considered the arguments advanced. 4. In view of the fact that the applicant is an old man of 71 years of age and is suffering from acute cardiac ailment and he requires day to day care and necessary treatment. Having considered this aspect of the matter and also the arguments advanced by learned Counsel for the applicant, without making any observation on the merits of case, we are inclined to grant this application. 5. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence passed by learned Special Judge, SC/ST (Prevention of Atrocities Act Cases), Pali vide his judgment dated 11.7.2011 against the applicant/s Bheru Singh S/o Shri Sawai Singh shall remain suspended till final disposal of aforesaid criminal appeal provided he/she/they executes two sureties in the sum of Rs. 25,000/- each and a personal-bond in the sum of Rs. 50,000/- to the satisfaction of learned Trial Court for his/her/their appearance in this Court on 10.7.2014 and subsequently before the Trial Court on the following conditions:- 1. That he/she/they will appear before the Trial Court in the month of January every year till the appeal is decided. 2. 25,000/- each and a personal-bond in the sum of Rs. 50,000/- to the satisfaction of learned Trial Court for his/her/their appearance in this Court on 10.7.2014 and subsequently before the Trial Court on the following conditions:- 1. That he/she/they will appear before the Trial Court in the month of January every year till the appeal is decided. 2. That if the appellant(s) change the place of residence, he/she/they will give the changed address in writing to the Trial Court, High Court as well as to his/her/their Counsel in the High Court. 3. Similarly if sureties change his/her/their address, they will give in writing his/her/their changed address to the Trial Court. The learned Trial Court shall keep the record of attendance of the accused appellant(s) in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellant(s) was/were tried and convicted. A copy of the 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 appellant(s) do/does not appear before the Trial Court, the learned Trial Judge shall report the matter to the High Cour for cancellation of bail.Bail application allowed. *******