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2021 DIGILAW 1750 (RAJ)

Bala v. State of Rajasthan

2021-09-17

RAMESHWAR VYAS, SANDEEP MEHTA

body2021
JUDGMENT 1. The instant application for suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellant-applicant Bala @ Balwant S/o Somla @ Homla, who has been convicted and sentenced to undergo life imprisonment for the offence under Section 302/34 IPC vide the judgment dated 23.01.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Udaipur in Sessions Case No.69/2017. 2. Learned Public Prosecutor has chosen not to file reply to the application for suspension of sentence and proposed to argue the matter orally. 3. We have heard and considered the submissions advanced by the learned counsel for the appellant-applicant and the learned Public Prosecutor and have gone through the impugned judgment and the record. 4. On a perusal of the statements of the star prosecution witnesses Bhaniya (P.W.2) and Savji (P.W.3), is is apparent that the allegation of killing the deceased by firing the muzzle loading gun is specifically attributed by these witnesses to the co-accused Muniya. The appellant was alleged to be armed with a lathi, but on going through the postmortem report (Ex.P/16), it becomes clear that no significant injury by a blunt weapon was noticed on the person of the deceased when postmortem was conducted. The appellant has suffered incarceration for a period of around 3 years and 9 months. There is no likelihood of his absconding, if he is released on bail. Hearing of the appeal will consume time. 5. In this background and having regard to the entirety of facts and circumstances of the case, this court is of the opinion that this is a fit case for release of the appellant-applicant on bail by suspending the sentences awarded to him by the trial court during the pendency of the appeal. 6. 5. In this background and having regard to the entirety of facts and circumstances of the case, this court is of the opinion that this is a fit case for release of the appellant-applicant on bail by suspending the sentences awarded to him by the trial court during the pendency of the appeal. 6. Accordingly, the application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Udaipur vide judgment dated 23.01.2020 in Sessions Case No.69/2017 against the appellant-applicant Bala @ Balwant S/o Somla @ Homla 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.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 20.10.2021 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 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 in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant was 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 does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.