Jaikaran vs State

Learned Public Prosecutor Shri N.S. Bhati has chosen not to file reply to the instant application for suspension of sentences and proposes to argue the

matter orally.

Heard on the application for suspension of sentences.

Perused the material available on record.

The entire prosecution case is based on circumstantial evidence. The FIR came to be lodged after nearly a month and seven days of the incident. The

star prosecution witness Mangilal (PW.11) who claims to have allegedly lastly seen the deceased Shiv Prasad @ Shiv Kumar in company of the

applicant-appellant is closely related to the deceased Shiv Prasad but he did not care to inform the family members that he had allegedly seen the

applicant-appellant with the deceased on the fateful day. On going through the statement of PW.11 Mangilal, we find that he appears to have been

created as a chance witness of the circumstance of the last seen.

In this background, we are of the view that the applicant-appellant has available to him, strong grounds for assailing the impugned judgment of

conviction. Hearing of the apeal is not likely in near future. Thus, we are inclined to suspend the sentences awarded to the applicant-appellant by the

trial court, during pendency of appeal.

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 learned Addl. Sessions Judge No.2, Nohar District Hanumangarh vide judgment dated 30.10.2018 in Sessions Case No.20/2015 (15/15) CIS

No.22/2015 against the appellant-applicant Jaikaran S/o Shri Jagnaram shall remain suspended till final disposal of the aforesaid appeal and he shall be

released on bail, provided he executes 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 18.03.2020 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.