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2019 DIGILAW 607 (RAJ)

Pawan Kumar v. State, Through PP

2019-02-20

SANDEEP MEHTA, VINIT KUMAR MATHUR

body2019
JUDGMENT 1. Heard learned counsel for the parties and perused the material available on record. 2. The instant application for suspension of sentence has been preferred by accused applicant Pawan Kumar, who has been convicted and sentenced by learned Additional Sessions Judge, Rajgarh, District Churu vide judgment dated 23.06.2017 passed in Sessions Case No. 7/2015 for the offence under Section 302/34 IPC. 3. Mr. Shrikant Verma, learned counsel representing the appellant-applicant, submits that the entire case of the prosecution is based on circumstantial evidence. He referred to the statements of star prosecution witnesses P.W.2 Krishna and P.W.3 Naresh, who stated that the appellant and co-accused Balwan, Raghuveer and deceased Tejpal were sitting together having liquor and Tejpal was found dead in the next morning. He further urges that the axe which was recovered at the instance of the accused appellant did not give any test for presence of human blood. He further submits that the sentence awarded to the co- accused Raghuveer has been suspended by co-ordinate Bench of this court and since the case of the applicant herein is in no manner distinguishable, he too deserves the indulgence of bail during pendency of the appeal. 4. Learned Public Prosecutor vehemently and fervently opposed the submissions advanced by counsel for the appellant- applicant, but he too is not in position to dispute the fact that no blood was found on the axe recovered from the appellant and that the circumstance of last seen is also available against the co- accused Raghuveer, who has since been granted bail by this court. 5. In this background and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant. 6. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge, Rajgarh, District Churu vide judgment dated 23.06.2017 in Sessions Case No. 7/2015 against the appellant-applicant Pawan Kumar S/o Jagdish 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. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 25.03.2019 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 applicant(s) 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 address(s), they will give in writing their changed address to the trial Court. 7. 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 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.