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2021 DIGILAW 1209 (RAJ)

Yogesh S/o. Shri Amar Lal v. State of Rajasthan

2021-07-26

MANOJ KUMAR GARG, SANDEEP MEHTA

body2021
ORDER : 1. The instant application for suspension of sentences under Section 389 Cr.P.C. has been preferred by appellant-applicant Yogesh S/o Amar Lal, who has been convicted and sentenced vide judgment dated 12.01.2018 passed by learned Addl. Sessions Judge, Salumber, Distt. Udaipur in Sessions Case No. 60/2013 (CIS No. 192/20214), as below:- Offence Under Section Imprisonment Fine Sentence in default of fine 302/34 IPC Life Imprisonment Rs.10,000/- 1 year's SI 201/34 IPC 7 years' R.I. Rs.1000/- 6 month's S.I. 120-B IPC Life Imprisonment Rs.10,000/- 1 year's SI (All the sentences were ordered to run concurrently.) 2. Learned Public Prosecutor has filed reply to the application for suspension of sentences and proposes to argue the matter orally. 3. We have heard and considered the submissions advanced by J.V.S. Deora and Shri Farzand Ali, AAG and have gone through the impugned judgment and the record. 4. After going through the impugned judgment of the trial court, it is clear that entire case of the prosecution is based on circumstantial evidence i.e., in form of last seen, call-details record and recoveries. However, on perusal of the statement of Keshar Kanwar (PW-10) and Tej Singh (PW-17), it becomes clear that there are significant contradictions/infirmities in the claim of these witnesses regarding the accused having been lastly seen in the company of the deceased-Madho Singh. The call details were not got proved by examining the Service Provider Company concerned. The suspension of sentence application filed by co-accused Banshi Lal has been accepted by this Court. The appeal is not likely to come up for hearing in near future. After evaluating the evidence available on record, we are of the opinion that the appellant-applicant has available to him strong/significant grounds for assailing the impugned judgment. Thus, we are inclined to suspend the sentences awarded to the appellant-applicant by the trial court, during pendency of appeal. 5. Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Addl. Sessions Judge, Salumber, Distt. Udaipur vide judgment dated 12.01.2018 in Sessions Case No. 60/2013 (CIS No. 192/20214) against the appellant-applicant Yogesh S/o Amar Lal shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided he shall furnish a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. Sessions Judge, Salumber, Distt. Udaipur vide judgment dated 12.01.2018 in Sessions Case No. 60/2013 (CIS No. 192/20214) against the appellant-applicant Yogesh S/o Amar Lal shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided he shall furnish a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 01.09.2021 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 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 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-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.