Allowed

Khuma Ram v. State of Rajasthan

Rajasthan HC17 Jan 2023SOSA/1096/2022

Case brief

AI extract

What is this about?

The High Court allowed the suspension of sentence application by a convicted appellant sentenced for murder. The Court noted that no charge sheet was filed against him and he was not summoned as an accused, considering it just to suspend the life sentence pending appeal subject to bonds and appearances.

What did the court decide?

The substantive sentence awarded to the appellant shall remain suspended till the final disposal of the appeal, provided he executes a personal bond and satisfies other conditions.

Khuma Ram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1096/2022

¶3

Khuma Ram S/o Uda Ram, Aged About 47 Years, B/c Meghwal, R/o Bakhasar Police Station Bakhasar, District Barmer. (At Present Lodged In District Jail, Barmer)

¶4

----Applicant

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

----Respondent

¶8

For Applicant(s)	: Mr. Rakesh Matoria
For Respondent(s)	: Mr. Anil Joshi, GA-cum-AAG
	assisted by Mr. Rajat Chhaparwal
	Mr. R.J. Punia, for complainant

¶9

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

¶10

Order

¶11

17/01/2023

¶12

Heard learned counsel for the parties on suspension of sentence application.

¶13

The instant application for suspension of sentence has been preferred by the appellant-applicant, who has been convicted and sentenced by the learned trial court vide judgment dated 24.08.2022 in Sessions Case No.118/2015. The appellantapplicant has been sentenced as under :-

¶14

Offence U/s	Sentence	Fine	Sentence in default of payment of fine
302/34 IPC	Life Imprisonment	Rs.50,000/-	6 months’ S.I.

¶15

(2 of 4)

¶16

[SOSA-1096/2022]

¶17

Learned counsel for the appellant-applicant has submitted that the trial court has grossly erred in convicting and sentencing the appellant-applicant Khuma Ram. Learned counsel for the applicant-appellant has invited our attention towards the statement of I.O.- Hukma Ram (PW-23) and submitted that the police after thorough investigation has concluded that appellantapplicant was not found present at the scene of crime and he has falsely been implicated in this case. It is also submitted that as a matter of fact no charge-sheet has been filed against the appellant-applicant and he was not summoned by the trial court under Section 319 Cr.P.C. as accused.

¶18

Learned counsel for the appellant-applicant has also invited our attention towards the statements of eye witnesses namely Bhura Ram (PW-9), Shankar Lal (PW-2/3), and Kheta Ram (PW-3) and submitted that there are significant improvements in their statements and from that it can be gathered that the petitioner has falsely been implicated in this case. It is further submitted that as a matter of fact co-accused Toga Ram was mentally ill and he inflicted the injury on the head of the deceased by a sharp weapon, which resulted into death of the deceased. It is further submitted that accused-appellant Khuma Ram was on bail during the trial, therefore, his sentence may kindly be suspended.

¶19

Learned Public Prosecutor as well as learned counsel for the complainant have opposed this suspension of sentence application.

¶20

Having considered the totality of facts and circumstances of

¶21

(3 of 4) [SOSA-1096/2022]

¶22

the case, after carefully scrutinizing the record of the case and particularly taking into consideration of the fact that the police have not filed charge-sheet against the accused-applicant and he was not summoned by the trial court, we consider it just and proper to suspend the substantive sentence awarded to the appellant-applicant.

¶23

Accordingly, this suspension of sentence application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 24.08.2022 in Sessions Case No.118/2015 against appellant Khuma Ram S/o Uda Ram 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 20.02.2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

¶24

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

¶25

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.

¶26

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

¶27

The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as

¶28

(4 of 4) [SOSA-1096/2022]

¶29

Criminal Misc. Case related to original case in which the accusedappellant 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.

¶30

(PRAVEER BHATNAGAR),J

¶31

(VIJAY BISHNOI),J

¶32

56-Arun/-

Khuma Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Khuma Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sharwan Singh @ Ranjeet Singh Vs State of Rajasthan

Natwar Lal Vs State of Rajasthan

Govind Vs State of Rajasthan