Allowed

Prem Mohan v. State of Rajasthan

Rajasthan HC15 Feb 2022SOSA/669/2021

Case brief

AI extract

What is this about?

The High Court allowed suspension of sentence applications filed by two appellants convicted of murder. Invoking Section 389 Cr.P.C., the court suspended the substantive sentence pending disposal of their appeals in Sessions Case No. 34/2009, subject to execution of a personal bond.

What did the court decide?

The substantive sentence passed by the trial court on 01.10.2021 in Sessions Case No. 34/2009 against Gulam Abbas and Prem Mohan shall remain suspended until the final disposal of the appeal, subject

Prem Mohan Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 825/2021

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Gulam Abbas S/o Fida Ali, Aged About 57 Years, B/c Bohra Musalman, R/o Pratapgarh, P.S. Pratapgarh, District Pratapgarh.

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(Lodged At District Jail, Chittorgarh).

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---- Applicant

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Versus

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The State Of Rajasthan

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----Respondent

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CONNECTED WITH

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D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 669/2021

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Prem Mohan S/o Sh. Chiman Kumar, Aged About 60 Years, B/c Somani, R/o Pratapgarh, District Pratapgarh (Raj.

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(Presently Lodged In District Jail, Chittorgarh)

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---- Applicant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Applicant-Gulam Abbas : Mr. J.S. Choudhary, Sr. Advocate assisted by Mr. Vijay Kumar Gaur For Applicant-Prem Mohan : Mr. Vineet Jain, Sr. Advocate assisted by Mr. Ashok Kumar and Mr. Rajesh Bishnoi For Respondent(s) : Mr. B.R. Bishnoi, P.P. For Complainant(s) : Mr. Pradeep Shah

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(2 of 4)

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[SOSA-825/2021]

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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15/02/2022

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Heard learned counsel for the parties on suspension of sentence applications and perused the material available on record.

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Learned counsel for the applicants have submitted that the Sessions Judge, Chittorgarh (hereinafter to be referred as ‘the trial court’) has grossly erred in convicting and sentencing the accused applicants for the offences punishable under Sections 120-B, 302/120-B and 460/120-B IPC. It is argued that the trial court has failed to consider that the prosecution has failed to produce cogent evidence that the accused applicants hatched a conspiracy with the main accused persons to committee murder of the deceased. It is submitted that the trial court is swayed by the fact that the accused applicants were the property dealers and dealing in the land transactions in Pratapgarh Town, in which the deceased was also having some interest.

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It is further submitted that there is no iota of evidence available on record to suggest that there was meeting of mind of the accused applicants with the other accused persons, who were involved in commission of crime. It is also submitted that the accused applicants were enlarged on bail during trial and at present they are in custody since October 2021, whereas the hearing of the appeals preferred by them will take time, therefore, the sentence awarded by the trial court be suspended.

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(3 of 4)

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[SOSA-825/2021]

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Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the suspension of sentence application preferred on behalf of the accused applicants and argued that the prosecution has produced sufficient evidence to prove that the accused applicants hatched a conspiracy with the main accused persons which resulted into murder of the deceased.

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Learned counsel for the complainant has also submitted that a young advocate was murdered brutally and taking into consideration the above facts and circumstances of the case, it is not a fit case where the sentence awarded by the trial court to the accused applicants be suspended.

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Having considered the totality of facts and circumstances of the case and also taking into consideration the fact that the accused applicants were enlarged on bail during the trial and there is no possibility that the appeals preferred by them are heard in near future, we consider it just and proper to suspend the substantive sentence awarded to the accused applicants.

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Accordingly, these suspension of sentence applications filed under Section 389 Cr.P.C. are allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 01.10.2021 in Sessions Case No.34/2009 against applicants Gulam Abbas S/o Fida Ali and Prem Mohan S/o Chiman Kumar shall remain suspended till final disposal of the aforesaid appeal, provided each of them executes a personal bond in a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 14.03.2022 and whenever ordered to do so, till the

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(4 of 4)

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[SOSA-825/2021]

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disposal of the appeal on the conditions indicated below:-

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That they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicants changes the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal misc. Case related to original case in which the accusedapplicants 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 applicants do 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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(VINOD KUMAR BHARWANI),J

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(VIJAY BISHNOI),J

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Abhishek Kumar S.Nos.1-2

Prem Mohan v. State of Rajasthan

Case brief

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Prem Mohan v. State of Rajasthan

Case brief

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