Allowed

Dana Ram v. State of Rajasthan

Rajasthan HC29 Nov 2023SOSA/797/2023

Case brief

AI extract

What is this about?

Hearing an application for suspension of sentence under Cr.P.C. 389, the High Court inclined to suspend the life imprisonment awarded to the appellant in Sessions Case No.61/2020 without commenting on the merits of the conviction.

What did the court decide?

Suspended life imprisonment pending final disposal of appeal upon execution of personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Dana Ram Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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[2023:RJ-JD:41133-DB]

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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. 797/2023

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Dana Ram S/o Lt. Jaita Ram, Aged About 50 Years, R/o Pamera, Anadara Police Station, Sirohi, District Sirohi. (Lodged In District Jail, Sirohi)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Rameshwar Dave Mr. Mukesh Rawal For Respondent(s) : Mr. B.R. Bishnoi, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN

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Order

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29/11/2023

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

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The instant application for suspension of sentence has been preferred by the appellant-applicant, who has been convicted and sentenced by the learned Sessions Judge, Sirohi vide judgment dated 30.09.2022 in Sessions Case No.61/2020. The appellantapplicant has been sentenced as under :-

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Offence U/s	Sentence	Fine	Sentence in default of payment of fine
302/34 IPC	Life	Rs. 10,000/-	One year’s additional
	Imprisonment		SI

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Learned counsel for the appellant-applicant has argued that

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[2023:RJ-JD:41133-DB]

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[SOSA-797/2023]

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(2 of 4)

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the trial court has grossly erred in convicting and sentencing the appellant-applicant vide impugned judgment. Learned counsel has submitted that the trial court while placing reliance on the statements of complainant-P.W.2 Gima Ram and P.W.3 Savaram has held that the deceased informed them that appellant-applicant had assaulted him. It is further submitted that as per statement of P.W.1 Vijay Kumar, the police reached at the spot, however, FIR in relation to the said incident was lodged after around 12 hours from the time of the incident.

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Learned counsel has submitted that the trial court has relied upon recovery of two lathis, alleged to have been used in the commission of crime, however, the said recovery is also doubtful because those lathis were recovered from an open place. It is also submitted that in the FSL report, it is clearly mentioned that the lathis were not stained with blood. It is submitted that all the injuries on the body of the deceased are not on vital parts and there is all possibility that the deceased may have received the injuries in a road accident, but later on, the complainant and other prosecution witnesses have named the appellant-applicant for other considerations. It is submitted that the appellant-applicant is in jail since 22.05.2020 and hearing of the appeal is likely to take time. It is, thus, prayed that the sentence awarded to the appellant-applicant by the trial court may be suspended.

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Learned Public Prosecutor has opposed this application for suspension of sentence.

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Taking into consideration the overall facts and circumstances

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(3 of 4) [SOSA-797/2023]

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[2023:RJ-JD:41133-DB]

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of the case and without commenting on the merits of the case, we are inclined to suspend the sentence awarded to the appellantapplicant.

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Accordingly, this application for suspension of sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Sessions Judge, Sirohi vide judgment dated 30.09.2022 in Sessions Case No.61/2020 against appellant-applicant Dana Ram S/o Lt. Jaita Ram shall remain suspended till final disposal of the 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 11.01.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he 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 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.

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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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant was tried and convicted. A copy of this order shall also

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[2023:RJ-JD:41133-DB]

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[SOSA-797/2023]

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(4 of 4)

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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.

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(MUNNURI LAXMAN),J

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(VIJAY BISHNOI),J

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62-AnilKC/-

Dana Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dana Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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