Research › Search › Judgment

Rajasthan High Court · body

2017 DIGILAW 2462 (RAJ)

Hiralal S/o Khuma v. State of Rajasthan

2017-11-09

GOPAL KRISHAN VYAS, MANOJ KUMAR GARG

body2017
ORDER : 1. Heard learned counsel for the accused appellant as well as learned Public Prosecutor. 2. The instant application has been filed by the accused-appellant—Hiralal for suspension of sentence. 3. Learned counsel for the accused-appellant submits that initially the FIR was registered under Sections 304A read with Section 279 IPC but later on after six months on completion of investigation it is converted for offence under Sections 302, 201/34 and 120B IPC. The entire prosecution case is based on circumstantial evidence but it has not been proved, therefore, the application for suspension of sentence of the accused-appellant may kindly be allowed and the sentence awarded by the learned trial court may be suspended. 4. Per contra, the learned Public Prosecutor has vehemently opposed the application for suspension of sentence and submitted that there is no error in the findings given by the learned trial court. 5. After considering the entire facts and evidence of the present case without expressing any opinion on merits, we deem it appropriate to suspend the sentence awarded to accused-appellant. Accordingly, this application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned Addl. Session Judge, Shahpura, District Bhilwara vide judgment dated 13.07.2017 in Sessions Case No. 16/2015 against the accused appellant Hiralal S/o Khuma shall remain suspended till the final disposal of aforesaid criminal appeal and he may be released on bail provided he executes a personal bond in the sum of Rs. 50,000/- along with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the Trial Court for his appearance before this Court on 12.12.2017 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:— 1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicants changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court. 6. 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. 3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court. 6. 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 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 applicants does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.