Lala @ Bhupendra vs State

Perused the material available on record. The case of the prosecution is based totally on circumstantial evidence. The allegations of the prosecution as against the appellant and the co-accused Bhalla Ram @ Bhaliya @ Sahi Ram are identical. The application for suspension of sentences filed on behalf of co- accused Bhalla Ram @ Bhaliya @ Sahi Ram was accepted by this Court vide order dated 17.10.2019 passed in D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 992/2019 in the following manner:

"The appellant (applicant herein) stands convicted for the offence under Sections 148 and 302/149 IPC vide judgment dated 19.08.2019 passed by the learned Additional Sessions Judge No.3, Bikaner in Sessions Case No.154/2012. Learned Senior Counsel Shri Jagmal Singh Choudhary, appearing for the applicant, urges that the entire case of the prosecution is based on the circumstancial evidence. The material prosecution witnesses PW-1 Pramod Kumar and PW-2 Kishan Singh have not given any evidence against the applicant appellant and the finding recorded by the trial Court at page No.12 of its judgment to this effect is contrary to record. He further urges that the sole circumstance, on which the prosecution banks upon so as to bring home the guilt of the appellant, is the allegation that the deceased Shri Shiv Dayal called his friend PW-6 Vinod Singh at about 12.30 p.m. and told him that he was at the Jaipur by-pass road and that five accused namely; Bhallaram, Mohanram, Anil Bhargav, Devendra @ Devaniya and Lala Nayak were accompanying him. He urges that this sole telephonic statement has been construed as a dying declaration by the trial Court, whereas the same does not disclose any circumstance pertaining to the death of Shri Shiv Dayal and hence, it cannot be treated to be a dying declaration. He further urges that corresponding call details to establish that there was a telephonic conversation between Shiv Dayal and PW-6 Vinod Singh were not collected by the Investigating Officer during investigation. He urges that there is no evidence with the prosecution which can be considered to be sufficient so as to connect the appellant with the offence. On these grounds, Shri Choudhary urges that this suspension of sentence application may be accepted and the applicant appellant may be released on bail during the pendency of the appeal."

On basis of this very order, applications for suspension of sentences filed on behalf of co-accused Mohan Ram and Anil Kumar have already been accepted by this Court vide orders dated 11.11.2019 and 02.01.2020 passed in D.B. Criminal Misc. Suspension of Sentence Applications (Appeal) Nos.1194/2019 & 1339/2019.

In this view of the matter, the application for suspension of sentences filed on behalf of applicant-appellant Lala @ Bhupendra deserves to be and is hereby accepted.

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, Bikaner vide judgment dated 19.08.2019 in Sessions Case No.154/2012 against the appellant-applicant Lala @ Bhupendra S/o Jagmal Singh, 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 07.12.2020 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.