Kanti Lal vs State

Heard learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentences.

Learned counsel Mr. J.V.S. Deora submits that the entire prosecution case is false and fabricated. He further urges that the incident allegedly took place on 15.8.2016. The accused-appellant was arrested on 22.8.2016 and thereafter recovery of incriminating ornaments of the deceased and knife has been shown to be effected from him. Mr. Deora points out that from the evidence of S.H.O. Babu Lal (PW-15), it is clear that all the recovered articles were deposited in the Malkhana vide entry No.85 dated 15.8.2016 (Exhibit P/40). All the items recovered by the I.O. are shown to have deposited in a sequence from 1 to 7 and the sole entry No.85 has been recorded for deposition of these articles in the Malkhana. He thus urges that the recovery of the ornaments and the knife which are shown to be effected at the instance of accused-appellant on 22.8.2016 is nothing but a sheer piece of fabrication. He thus urges that the accused-appellant deserves indulgence of bail during pendency of this appeal.

Learned Public Prosecutor has opposed the submissions advanced by the learned counsel for the appellant-applicant. However, he too is not in a position to controvert the discrepancy in the sequence of recovery pointed out by learned counsel Mr. Deora.

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, we are inclined to accept this application for suspension of sentences.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Sessions Judge, Dungarpur, vide judgment dated 27.6.2018 in Sessions Case No.62/2016 against the appellant-applicant Kanti Lal S/o Shri Punja Ji Nanoma, 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.40,000/- with two sureties of Rs.20,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 16.03.2020 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.

Considering the grave discrepancy in the prosecution case regarding the recoveries and the Malkhana entries referred to supra, we deem it fit to issue notice to the S.H.O. Babu Lal (PW-15) to show cause as to why suitable disciplinary action may not be taken against him for grave dereliction of duty while investigating a serious case of murder. The notice shall be forwarded to the Superintendent of Police, Dungarpur for service along with copy of this order.