Allowed

Kalu Lal S/O Heera Lal B/C Lodha v. State of Rajasthan through Pp

Rajasthan HC3 Nov 2018SOSA/1113/2018

Case brief

AI extract

What is this about?

The High Court allowed the suspension of sentence application filed by three appellants convicted under the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The court ordered their release on bail pending appeal to contend their grievance regarding the sentence of life imprisonment.

What did the court decide?

Application for suspension of sentence allowed; sentence suspended pending appeal; bail granted with sum of Rs. 50,000/- each and surety.

Kalu Lal S/O Heera Lal B/C Lodha Vs State… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc. Suspension Of Sentence Application No.

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1113/2018

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D.B. Criminal Appeal No. 317/2018

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Kalu Lal S/o Heera Lal B/c Lodha, R/o Chureliya, Police Station Ghatoli, District Jhalawar, Raj. (At Present In Central Jail, Kota).

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Kamlesh S/o Panna Lal B/c Teli, R/o Chureliya, Police Station Ghatoli, District Jhalawar, Raj. (At Present In Central Jail, Kota).

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Panna Lal @ Sumer Singh S/o Inder Singh B/c Gurjar, R/o Chureliya, Police Station Ghatoli, District Jhalawar, Raj. (At Present In Central Jail, Kota).

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----Appellants

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Versus

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State Of Rajasthan Through PP, Rajasthan.

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----Respondent

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For Appellant(s) : Mr. Narendra Kumar Mishra For Respondent(s) : Mr. Sonia Shandilya, P.P.

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Order

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03/11/2018

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Heard on the application for suspension of sentence.

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Learned counsel for the appellants submits that for offence under Section 325 IPC, applicants have been convicted and sentenced to three years simple imprisonment with fine of Rs. 2,000/- apart from conviction and sentence for other offences under the IPC, which includes Section 329 also. A case for offence

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(2 of 3)

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[SOS-1113/2018]

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under Section 329 IPC is not even made out yet appellants have been convicted and sentenced for it.

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It is lastly stated that for the offence under Section 3 (1) (X) and 3(2) (V) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellants have been given life imprisonment. The Judicial Officer has grossly erred in sentencing the appellants with life imprisonment. It is nothing but injustice caused to the appellants and, therefore, this Court should take cognizance against the Judicial Officer. The prayer is otherwise to suspend sentence of the appellants pending criminal appeal.

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Learned Public Prosecutor has opposed the application.

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We have considered rival submissions of parties and find that while convicting the accused for different offences under the IPC, they have also been convicted for the offence under Section 3(1) (X) and 3 (2) (V) of Act of 1989. The sentence of life imprisonment has been given to them while giving punishment of three years of imprisonment for offence under Section 325/34 IPC and for lessor period for other offences.

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After going through the record, we find that a case for suspension of sentence is made out and, accordingly, the application is allowed.

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Accordingly, application for suspension of sentence is allowed and it is ordered that sentence awarded to accused-appellants namely, (1) Kalu Lal S/o Heera Lal (2) Kamlesh S/o Panna Lal (3) Panna Lal @ Sumer Singh S/o Inder Singh by learned Special Judge (Prevention of Atrocities Cases), Jhalawar in Sessions Case No. 31/2013 shall remain suspended during pendency of appeal and they be released on bail provided they furnish a personal

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(3 of 3)

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[SOS-1113/2018]

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bond in the sum of Rs.50,000/- each with one surety in the like amount to the satisfaction of the learned trial court with the stipulation that they shall appear before this court on 04.12.2018 and whenever called to do so.

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So far as allegation made against Judicial Officer for causing injustice is concerned, appellants are at liberty to take up the matter with High Court administration for the aforesaid. In case appellants pursue their cause, obviously, it would be taken to logical conclusion by the administration.

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(BANWARI LAL SHARMA),J

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(M.N. BHANDARI),J

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S. Kumawat/56

Kalu Lal S/O Heera Lal B/C Lodha v. State of Rajasthan through Pp

Case brief

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What did the court decide?

Kalu Lal S/O Heera Lal B/C Lodha v. State of Rajasthan through Pp

Case brief

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What did the court decide?

What the court decided

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