Nava Ram And Ors vs State

The appellants-applicants herein stand convicted for the offences under Sections 302/34 and 397/34 IPC vide judgment 21.11.2019 passed by the learned Additional Sessions Judge No.2, Abu Road, district Sirohi in Sessions Case No.31/2016 (26/2015) and have been sentenced to undergo Life Imprisonment. They have preferred the instant application under Section 389 CrPC seeking suspension of the sentences awarded by the trial court during the pendency of the appeal.

Learned Public Prosecutor has chosen not to file reply to this application for suspension of sentences and proposes to argue the matter orally.

Learned counsel for the appellants-applicants submits that there is no direct evidence to connect the applicants with the alleged offence. The learned trial court has convicted the applicants solely on the basis of circumstantial evidence in the form of recovery of a mobile phone, alleged to be of the deceased, and a silver chain. So far as the mobile phones alleged to be recovered from the applicants are concerned, though the same were identified by witness Dhanna (P.W.8), but the same were identified only on the basis of their colour and not by their make and model, thus, the prosecution failed to establish that these mobiles belonged to the deceased. So far as the recovery of chain is concerned, it has come on record that the recovered chain is not the same which was in the possession of the victim. The applicants - appellants are in custody since their arrest and the hearing of the appeal is likely to take time. He, thus, implored the court to accept this application and suspend the sentences awarded to the applicants during pendency of the appeal.

Per contra, learned Public Prosecutor has opposed the submissions advanced by the learned counsel for the appellant- applicants.

We have considered the submissions advanced by the learned counsel for the parties and perused the material available on record.

The learned trial court has based the conviction of the applicants solely on circumstantial evidence in the form of recoveries of the mobile phones and silver chain. However, from the evidence available on record, it is not proved beyond reasonable doubt that these articles belonged to the deceased. Further in the absence of any other substantive evidence, these recoveries on their own cannot form a complete chain of circumstances to connect the applicants with the alleged offences. Learned Public Prosecutor has placed on record the criminal antecedent report of the applicants, as per which no other criminal case has been registered against them. The applicants have strong grounds available to them to assail the impugned judgment. They are in custody since their arrest and the hearing of the appeal is likely to take time. Thus, we find it to be a fit case for suspending the sentences awarded to the appellant- applicants during pendency of the appeal.

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.2, Abu Road, district Sirohi vide judgment dated 21.11.2019 in Sessions Case No. 31/2016 (26/2015) against the appellant - applicant (1) Nava Ram S/o Bhero Ji and (2) Mansha Ram S/o Ramaji shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, 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 09.09.2020 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 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 notbe 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.