Bhanwar Lal vs State Of Rajasthan

Heard learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentences.

The application for suspension of sentence filed by the co-accused Teja @ Tejiya has been accepted by this Court vide order dated 04.02.2020.

On going through the evidence of star prosecution witness PW-3 Rakesh, it becomes clear that he could not identify the accused as the assailant

when he was examined on oath. The prosecution also banks upon the alleged recovery of mobile affected from the accused applicant during

investigation. However, the trial court has discarded the said recovery while discussing the evidence at page 25 of the impugned judgment. The

sentence awarded to the co-accused Teja @ Tejiya has been suspended by this Court. Thus, we are inclined to accept this application for suspension

of sentence filed on behalf of the accused-applicant on parity.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the

learned Additional Sessions Judge No.2, Bhilwara vide judgment dated 26.9.2019 in Sessions Case No.8/2015 against the appellant-applicant Bhanwar

Lal S/o Jeeva Baghriay, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a

personal bond in the sum of Rs.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the learned trial Judge for his appearance in this

court on 16.03.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

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.

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

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.