Omprakash vs State Of Rajasthan

Goverdhan Bardhar, J

Heard learned counsel for the parties and perused the material available on record.

Learned counsel for the petitioner has submitted that the trial court has convicted and sentenced the accused-appellant for the offence under Sections 307 & 341 IPC.

It is argued that initially the complainant-PW-1 Manish, in his complaint, has alleged that two persons namely Ankit Commando and appellant-applicant Omprakash have inflicted injuries by knives with the intention to kill the injured, however, later on the complainant completely exonerated Ankit Commando and has levelled allegation only against the appellant-applicant. Learned counsel has argued that trial court has not taken into consideration the complete exoneration of Ankit Commando by complainant-PW-1 Manish creates doubt over the story narrated by him. Learned counsel has also submitted that as per the statement of doctor and the injury report, it is clear that injury on the left arm and on the stomach of the injured were found to be dangerous to life, however the injury on stomach was initially assigned by the complainant to Ankit Commando and not to the appellant-applicant. Learned counsel has further submitted that the appellant has served around four years of sentence and there is no likelihood that the appeal preferred by him will be heard finally in near future.

Learned Public Prosecutor has opposed the application for suspension of sentence.

Having heard learned counsel for the parties and after carefully scrutinizing the record of the trial court and taking into consideration the fact that initially the injured has levelled allegation of assaulting him against two persons, however later on he has completely exonerated one person but without expressing any opinion on the merits of the case, we deem it proper to suspend the sentence of the applicant-appellant.

Accordingly, this application for suspension of sentence is allowed and it is ordered that the sentence passed by the learned Addl. Sessions Judge No.6, Kota in Sessions Case No. 198/2017 (CIS No.198/2017) vide judgment dated 12.12.2019 against the applicant - Omprakash S/o Ghansilal shall remain suspended till final disposal of the aforesaid criminal appeal provided he executes a personal bond in the sum of Rs.50,000/- along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance in this Court on 25.10.2021 and subsequently before the trial court on the following conditions:-

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

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

Similarly if sureties change their address, he will give in writing their changed address to 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 the Sessions 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 said accused appellant does not appear before the trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.