Panna Ram vs State

The instant application for suspension of sentences under Section 389 CrPC has been filed on behalf of the appellant- applicant Panna Ram S/o Lala Ram, who has been convicted and sentenced by the learned Special Judge, SC/ST Act Cases, Udaipur vide judgment dated 21.08.2019 passed in Sessions Case No.12/2017 for the offences under Sections 460/34 and 302/34 IPC.

Learned Public Prosecutor has chosen not to file reply to the application for suspension of sentence and proposed to argue the matter orally.

Heard learned counsel representing the appellant- applicant through VC and the learned learned Public Prosecutor and perused the impugned judgment and the material available on record.

The sentences awarded to the co-accused Pintu Ram S/o Lala Ram have been suspended by this court vide order dated 08.01.2020 passed in D.B. Criminal Misc. Bail (Suspension of Sentence) Application No.1336/2019 in the following terms :-

"On a perusal of the material available on record, it is clear that the incident wherein, the accused appellant allegedly assaulted the deceased Lasma took place on 12.04.2017. Lasma expired on 25.04.2017 whereafter, the FIR came to be lodged. There is nothing on record which can satisfy the Court that the victim was provided any treatment in the intervening period between 12.04.2017 to 25.04.2017. There are grave discrepancies in the evidence of the prosecution witnesses, PW-1 Smt. Sagdu Bai, PW-2 Bhoori and PW- 3 Chenaram. Manifestly, there is no justification whatsoever on the record so as to explain the gross delay in lodging of the FIR. The Medical Officer (PW-10) Dr. Abdul Hameed Shaikh, who conducted postmortem upon the body of the deceased, did not state that the injuries which he noticed, were 12-13 days old. Rather, in his examination-in-chief itself, the Medical Officer has stated that Lasma came to the P.H.C., Malwa Ka Chouraha on 24.04.2017 and he was sent back after giving him primary treatment.

We are of the view that the applicant has available to him, strong grounds so as to assail the impugned judgment. He was on bail during the course of trial and did not misuse the liberty so granted to him. Thus, it is considered just and proper to suspend the sentences awarded to the appellant, during pendency of the appeal."

We are of the view that the case of the present applicant is not distinguishable from that of the co-accused Pintu Ram, whose sentence has already been suspended. Hearing of the appeal is likely to take time. In view of these facts, we consider it to be a fit cast to suspend the sentences awarded to the appellant-applicant.

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 Special Judge, SC/ST Act Cases, Udaipur vide judgment dated 21.08.2019 passed in Sessions Case No.12/2017 against the appellant-applicant Panna Ram S/o Lala 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 10.07.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

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

Similarly, if the sureties change their address, 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 in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant 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 applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.