Ved Prakash S/o Shri. Rawat Ram v. State of Rajasthan
2017-11-02
GOVIND MATHUR, VINIT KUMAR MATHUR
body2017
DigiLaw.ai
ORDER : 1. While pressing this application, learned counsel for the applicant submits that the applicant is behind the bars since 07.09.2011 It is asserted that the cause of death is a shock due to single head injury and further that accused too had certain injuries. To substantiate this fact, learned counsel relies upon the document Annexure D 1 and beyond the explanation extended by explaining the adverse circumstances as per Section 313, Code of Criminal Procedure, 1973, learned counsel for the applicant states that even by accepting the case as advanced by prosecution, the crime committed by the accused applicant does not travel beyond an offence described under Section 304, Part 1, I.P.C 2. Learned Public Prosecutor opposed the application by citing the medical evidence which as per him reflects the intention of the applicant to cause death of Harbans Singh. 3. Having considered all the facts including the fact that the applicant is behind the bars since September, 2011 and the entire incident occurred in the course of heat of moment, without making any observation on merits of the case we are inclined to grant this application. Accordingly, the same is allowed. 4. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge No. 2, Sriganganagar in Sessions Case No. 13/2011 (68/2011) vide his judgment dated 16.07.2012 against the applicant Ved Prakash S/o Shri. Rawat Ram Kumhar shall remain suspended till the final disposal of the 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 05.12.2017 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 appellants 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. 5. The learned trial court shall keep the record of attendance of the accused appellants in a separate file. Such file be registered as Criminal Misc.
3. Similarly if sureties change his/her/their address, they will give in writing his/her/their changed address to the trial court. 5. The learned trial court shall keep the record of attendance of the accused appellants in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellants 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 appellants do/does not appear before the trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.