Ishwar Singh 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 for the applicant and learned Public Prosecutor. Perused the material available on record.

The appellant applicant herein stands convicted for the offences under Sections 302 and 120B IPC vide judgment dated 15.07.2016 passed by the learned Additional Sessions Judge, No.3, Chittorgarh in Sessions Case No.03/2015).

Learned counsel Mr. Shrimali submits that there is hardly any evidence worth the name on the record of the case so as to connect the applicant appellant with the crime. The story put-forth by the prosecution that the appellant was having illicit relations with the co-convict Smt. Sushila Bai wife of the deceased Ramniwas has been denied by PW-7 Sunil (son of the deceased) and PW-18 Gaurilal (brother of the deceased). He further submits that recovery of the driving licence and the diary of the deceased made at the instance of the accused applicant, is otherwise unbelievable and that apart, the evidence of Mohan Singh (PW-8) clearly establishes that the diary, licence, etc. were recovered by the police from the spot as they were lying near the deadbody. He contends that all the three co-accused namely Sukhvender Singh @ Lalu, Gurvinder Singh and Smt. Sushila Bai have been granted bail by this Court. He further urges that the evidence as against the appellant is weaker as compared to these co-accused and thus, the applicant appellant deserves to be released on bail during pendency of the appeal.

Learned Public Prosecutor, on the other hand, has vehemently and fervently opposed the submissions advanced by the defence counsel. However, he too is not in a position to dispute the fact that from the evidence of PW-7 Sunil and PW-18 Gaurilal, the prosecution case regarding the accused appellant having engaged in an illicit relationship with the co-accused Smt. Sushila Bai, becomes doubtful. Furthermore, PW-8 Mohan Singh, being the witness of recovery, categorically stated in his examination-in-chief that the licence and the diary of the deceased were recovered by the police from the spot when the deadbody was searched. Thus, the recovery of these articles made at the instance of the accused comes under a serious cloud of doubt.

In this background and having regard to the entirety of facts and circumstances as emerging from record, without commenting on the merits of the case, we are inclined to accept this application for suspension of sentences.

Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the Additional Sessions Judge, No.3, Chittorgarh, vide judgment dated 15.07.2016 in Sessions Case No.03/2015) against the appellant-applicant Ishwar Singh S/o Bherulal, 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.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 18.02.2019 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 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