Jayanti Lal And Ors vs State Of Rajasthan, Through P.P.

Heard learned counsel for the parties.

Learned counsel for the petitioners submits that there are cross FIRs and it was a sudden altercation between the parties which resulted into the incident. Learned counsel for the petitioner informs the Court that the accused persons were on bail through out the trial. However, after surrender at the time of judgment they are in custody since 13.09.2019. He has drawn our attention to the evidence of witnesses PW-12 Investigating Officer, PW-10 Doctor, PW-3 injured and PW-1 complainant and has pointed out that there was only one injury which was dangerous to life, to which also doctor opined that it was not treated properly, then it became dangerous to life.

Per contra, learned Public Prosecutor has vehemently opposed the application for suspension of sentence.

Having regard to the facts and circumstances of the case, while refraining to make any comment on merits of the case, we consider it just and appropriate to suspend the sentence awarded to the accused-applicants.

Accordingly, the application for suspension of sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by learned Sessions Judge, Dungarpur, vide judgment dated 13.09.2019, in Sessions Case No.64/2016 (C.I.S. No.59/2016), against accused-applicants (1) Jayanti Lal s/o Bhema Parmar and (2) Mani Lal S/o Bhema Parmar, shall remain suspended till final disposal of the aforesaid appeal, provided they execute 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 their appearance in this court on 03.03.2020 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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

That if the applicants change the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court.

Similarly, if the sureties change their address, 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-appellants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellants 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-appellants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.