Champalal And Ors vs State

Learned Public Prosecutor has chosen not to file reply to this application for suspension of sentences and proposes to argue the matter orally.

Heard learned counsel representing the applicant appellant and the learned Public Prosecutor. Perused the impugned judgment and the material available on record.

Shri Vineet Jain, learned counsel representing the applicant-appellant vehemently and fervently urged that as per the statement of Smt. Hemli PW-8 the star eye-witness, the incident took place in the agricultural field after a trivial dispute. The appellants allegedly inflicted lathi blows on the hands and legs of her husband Khema Ram. He referred to the statement of Dr.Manoj Garg PW-9 who conducted autopsy on the dead body of the deceased Khema Ram and opined that the head injuries caused to the deceased were simple in nature. Fractures were noticed on his left forearm and on the left and right fibula bones. Shri Jain pointed out from the doctor's statement that the incident took place on 11.11.2013 and Khema Ram expired while undergoing treatment after 13 days i.e. on 24.11.2013. As per Shri Jain, in the above circumstances, the offence, if any, attributed to the appellants would not travel beyond Section 325 or at best Section 304-II of the IPC. He urged that appellants have remained in custody for last nearly five years. The length of the custodial period suffered by them and the admitted facts and circumstances, do not justify their further detention. He, thus, craves indulgence of bail for the appellants during pendency of the appeal.

Per contra, learned Public Prosecutor vehemently and fervently opposed the submissions advanced by the appellants counsel. However, he too is not in a position to dispute the fact that the appellants are in custody for last four years and 9 months. As per the medical evidence, the grievous injuries noticed on the body of Khema Ram were on his limbs. He expired after 13 days of the incident and the cause of death is opined to be septicemia.

In this background and as the hearing of the appeal is likely to consume time, we are inclined to suspend the sentences awarded to the accused appellants by the trial court during the pendency of the appeal.

Accordingly, the application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge, Bali Camp Desauri, Distt. Pali in Sessions Case No.04/2014 against the appellants-applicants Champal Lal, Neka Ram and Puna Ram all Sons of Mangi Lal, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them executes a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 27.09.2019 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 accuseds-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accuseds-applicants 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 accuseds applicants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.