Bheru Lal S/o Hema vs State of Rajasthan

Heard learned counsel for the applicant-appellant and

learned Public Prosecutor.

It is submitted that in the investigation one bamboo

stick was recovered from the accused appellant and there is

no specific allegation of inflicting injury by the said weapon. It

is further submitted that as per postmortem report, there is

no lacerated wound and the injury which is said to be the

cause of death, is incised wound, therefore, the finding of

conviction arrived at by the court below is erroneous. He,

therefore, argued that the sentence awarded to the accused

appellant may be suspended.

The learned Public Prosecutor vehemently opposed the

instant application for suspension of sentence and submits

that it is not fit case for suspending the sentence.

After considering the entire facts and evidence of the

present case without expressing any opinion on merits, we

deem it appropriate to suspend the sentence awarded to

accused-appellant. Accordingly, this application for

suspension of sentence is allowed and it is ordered that the

sentence awarded by the learned Additional Sessions Judge,

Gulabpura, District-Bhilwara, vide judgment dated

05.11.2015 in Session Case No.09/2013 against the

applicant-appellant, Bheru Lal S/o Hema, shall remain

suspended till the final disposal of aforesaid appeal and he

may be released on bail provided he executes personal bond

in the sum of Rs.50,000/- along with two sureties in the sum

of Rs.25,000/- each to the satisfaction of the trial court for

his appearance before this Court on 24.04.2017 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.