Kana Ram vs State Of Rajasthan

Heard learned counsel for the appellant and learned public prosecutor and perused the record.

Learned counsel for the appellant submits that injured-Ramkunwar gave statement under Section 161 Cr.P.C., in which he specifically made an allegation that all the injuries were caused by co-accused Sharwan Lal and the present petitioner merely caught hold the injured. In court statement, the injured-Ramkunwar (PW-1) alleged that the present petitioner also inflicted injury on his thigh and hand but when he was confronted with his previous statement under Section 161 Cr.P.C. by the defence counsel, he stated that he does not know why this fact was not mentioned in his police statement Ex.D1. Learned counsel for the appellant further argued that the appellant was on bail during the trial. Therefore, it is prayed that the sentence awarded to the appellant may be suspended during the pendency of the appeal.

Learned Public Prosecutor opposed the prayer of the appellant.

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused-appellant.

Accordingly, the bail application filed by the appellant under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Additional Sessions Judge, Merta vide judgment dated 21.12.2019 in Sessions Case No.18/2015 against the accused-appellant Kana Ram S/o Rameshwar Lal shall remain suspended till final disposal of the aforesaid appeal subject to depositing the fine amount and he shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/-with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before this court on 27.02.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

The petitioner shall deposit the fine amount as directed by the trial court.

The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant was 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 accused-appellant does not not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.