Mohan Ram @ Mohaniya vs State Of Rajasthan

Learned Public Prosecutor Shri Anil Joshi has chosen not to file reply to the instant application for suspension of sentences.

Heard on the application for suspension of sentences.

Perused the material available on record.

Learned Counsel Shri A.R. Godara representing the applicant-appellant urges that the star prosecution witness Vinod Singh (PW.6) has attributed identical allegations to the applicant-appellant Mohan Ram as well as the co-convict Bhalla Ram and the application for suspension of sentences of the said co-convict Bhalla Ram has been accepted by this Court vide order dated 17.10.2019 passed in D.B. Criminal Misc. Bail (SOS) Application No.992/2019 after making detailed discussion of the material available on record. Shri Godara thus, urges that as the case of the applicant stands at par, he too deserves the same indulgence of bail during the pendency of the appeal.

Learned Public Prosecutor and learned counsel for complainant vehemently and fervently opposed the submissions advanced by the appellant's counsel and sought dismissal of the application.

The entire prosecution case is based on circumstantail evidecne. Considering the fact that the case of the present applicant is in no manner distinguishable from that of the co-convict Bhalla Ram, whose sentences have been suspended by this Court, without commenting on the merits of the case, we are inclined to accept this application for suspension of sentences.

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, Biklaner, vide judgment dated 19.08.2019 in Sessions Case No.154/2012 against the appellant-applicant Mohan Ram @ Mohaniya S/o Jetha Ram, 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 11.12.2019 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