Allowed

Harish @ Hurma v. State

Rajasthan HC8 Oct 2018SOSA/843/2018

Case brief

AI extract

What is this about?

This single-bench order allows an application for suspension of sentence. The High Court inclined to suspend the sentences awarded to the appellant as he is challenging the conviction in an appeal likely to take time, provided he executes a bond and complies with attendance conditions.

What did the court decide?

The sentences awarded by the Additional Sessions Judge are suspended pending final disposal of the appeal subject to execution of a personal bond with two sureties and compliance with attendance condi

Harish @ Hurma Vs State — Writ and Judicial Review | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Suspension Of Sentence(Appeal) No. 843/2018

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Harish @ Hurma S/o Rama, Aged 23 Years, B/c Damore Meena, R/o Ambada Police Thana Kuwan, Distt. Dungarpur.

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(Presently lodged at Sub Jail, Sagwara)

----Appellant

Versus

State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. L.R. Upadhayay, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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08/10/2018

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Heard learned counsel for the parties and perused the impugned order.

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Learned counsel for the appellant has submitted that Shanker (PW-1), father of the deceased has specifically stated in his statement that the appellant has not demanded dowry or money at any point of time, however, he has stated that the deceased told him that appellant is demanding money. Similarly, Kantilal (PW-2) has also specifically stated in his statement that the appellant has not demanded any money from him. Smt. Jali (PW-3), mother of the deceased has also stated that she is not in knowledge that how much money was demanded by the appellant. She has further stated that prior to the incident, the mental condition of the deceased was not good and she was treated for the same. Learned counsel for the appellant has also argued that

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(2 of 3)

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[SOSA-843/2018]

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as a matter of fact, it is case of suicide on account of some minor dispute between the appellant-husband and the deceased-wife and it is not a case of dowry death. It is submitted that the appellant was on bail during trial and hearing of the appeal is likely to take time. It is, thus, prayed that the sentence of the appellant may be suspended.

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Per contra, learned Public Prosecutor has opposed the application for suspension of sentence.

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Having considered the facts and circumstances of the case and substantial grounds taken in the appeal, this Court is of the opinion that there are strong grounds for challenging the judgment of conviction and as hearing of the appeal is likely to take time, this Court is inclined to suspend the sentences awarded to the appellant.

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Accordingly, this application for suspension of sentences is allowed and it is directed that the sentences awarded to appellant Harish @ Hurma son of Rama by the Addl. Sessions Judge, Sagwara, Distt. Dungarpur by judgment dated 20.8.2018 shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal bond for a sum of Rs.50,000/along with two solvent sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before this Court on 12.11.2018 and whenever called upon to do so till the disposal of the appeal on the conditions inidcated below:-

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(1) That he/she/they will appear before the trial court in the month of January of every year till the appeal is decided.

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(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.

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(3 of 3)

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[SOSA-843/2018]

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(3) Similarly, if the sureties change their address(s), they will give in writing their changed address(s) to the trial court.

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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.

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(VIJAY BISHNOI),J

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ms rathore

Harish @ Hurma v. State

Case brief

What is this about?

What did the court decide?

Harish @ Hurma v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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