Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 1761 (RAJ)

Laxman S/o Dhula v. State of Rajasthan

2023-09-14

KULDEEP MATHUR, PUSHPENDRA SINGH BHATI

body2023
JUDGMENT : 1. Heard learned counsel for the parties on D.B. Criminal Misc. 3rd (Suspension of Sentence) Application No. 355/2023. 2. The second application for Suspension of Sentence was rejected by Hon’ble Division Bench of this Court vide order dated 26.07.2022. 3. Learned counsel for the appellant submitted that the appellant-applicant, accused and the deceased were brothers. Learned counsel submitted that an altercation happened in which the child and wife of the deceased were also injured but the persons who were alleged to have inflicted injuries to the child and wife of the deceased, have already been acquitted by the learned trial court. 4. Learned counsel submitted that there is single injury and there was no premeditation for causing the same. Learned counsel submitted that the appellant-applicant has undergone custody for about eight years and three months. 5. Learned counsel for the appellant-applicant has placed reliance on the judgments rendered by the Hon’ble Apex Court in the case of Stalin vs. State Represented by the Inspector of Police in Criminal Appeal No. 577 of 2020 (decided on 09.09.2020) and Anbazhagan vs. The State Represented by the Inspector of Police (decided on 20.07.2023). 6. Learned counsel for the appellant-applicant submitted that the single injury alleged to have been inflicted shows that it was caused as a result of an altercation, which had happened, though no intention to kill was there. 7. Learned counsel for the appellant-applicant thus, submitted that the suspension of sentence application deserves to be allowed as the final hearing of the appeal is likely to take a long time. 8. Mr. Joshi, learned AAG, opposes the application for Suspension of Sentences but at the same time could not refute the fact that the present appellant-applicant has already undergone the custody period of eight years three months. 9. Learned AAG also accepts that there is only single injury on the body of the deceased, though it is on a temporal region. 10. On a conjoint consideration of the facts that there is only single injury, the appellant-applicant and deceased were close relatives, sudden altercation has happened, there is a custody of eight years three months which has already been undergone by the appellant-applicant so also the judgment cited by learned counsel for the appellant-applicant, this Court is inclined to suspend the sentences awarded to the appellant-applicant. 11. Accordingly, the present D.B. Criminal Misc. 11. Accordingly, the present D.B. Criminal Misc. 3rd (Suspension of Sentence) Application is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 21.04.2018 in Sessions Case No. 54/2016 against appellant Laxman S/o Dhula shall remain suspended till final disposal of the aforesaid appeal, 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 16.10.2023 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 months of January and July of every year till the appeal is decided. 2. That if the appellant 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, they will give in writing their changed address to the trial Court. 12. The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.