Allowed

Sohan Lal v. State of Rajasthan

Rajasthan HC5 Jan 2024SOSA/1573/2023

Case brief

AI extract

What is this about?

The High Court suspended the appellant's life sentence awarded in Sessions Case No.06/2012 under Section 389 Cr.P.C. pending the final disposal of the appeal. The court imposed conditions requiring the execution of a personal bond and regular appearance before the trial court.

What did the court decide?

Suspension of the substantive life sentence pending final disposal of the appeal, subject to the execution of a personal bond and compliance with specified conditions.

Sohan Lal Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2024)

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[2024:RJ-JD:595-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. 1573/2023

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Sohan Lal S/o Shri Magana, Aged About 32 Years, B/c Gameti, R/o Village Vadali-Ka-Bhilwara, Sagrun, P.s. Khamnor, Dist. Rajsamand,raj. (Presently Lodged In Central Jail, Udaipur)

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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. Sambhoo Singh For Respondent(s) : Mr. B. R. Bishnoi, PP

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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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05/01/2024

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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 trial court vide judgment dated 14.06.2013 in Sessions Case No.06/2012. The appellant-applicant has been sentenced as under :-

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Offence U/s	Sentence	Fine	Sentence in default of
			payment of fine
302 IPC	Life	5,000/-	Additional Six Months
	imprisonment		of S.I.

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Learned counsel for the appellant-applicant has argued that

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the trial court has grossly erred in sentencing and convicting the appellant-applicant vide impugned judgment. It is submitted that the trial court has placed reliance on the statement of Nanki (PW-3), however, there are several improvements in the statement of the aforesaid witness. It is further submitted that a free fight between the deceased and the accused party took place on the spur of moment and there was no preparation of the accused party for committing the offence. Learned counsel has submitted that sentence of co-accused persons namely Magana and Vaje Ram has already been suspended by this Court vide orders dated 22.10.2013. It is further submitted that the appellant has undergone 15 years of sentence up to 12.12.2023 including remission.

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Learned counsel for the appellant-applicant has submitted that there is no likelihood that the appeal filed by the appellantapplicant will be finally heard in near future and therefore, sentence awarded to him 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 of the case; keeping in view the custody period of the appellant and without making any observation 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

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[2024:RJ-JD:595-DB]

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substantive sentence passed by the learned Additional Sessions Judge, Nathdwara, District Rajsamand vide judgment dated 14.06.2013 in Sessions Case No.06/2012 against appellantapplicant Sohan Lal S/o Shri Magana 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 15.02.2024 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 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

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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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30-Arun/-

Sohan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sohan Lal v. State of Rajasthan

Case brief

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What did the court decide?

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