Prabhu Dayal Raigar S/O Bhagirath Prasad And Others vs State Of Rajasthan

Heard learned counsel for the parties on D.B. Suspension of Sentence (Appeal) No.752/2021 (Ram Niwas @ Babulal & Anr. Vs. State of Rajasthan) preferred on behalf of appellant No.2 - Ram Niwas @ Babulal S/o Bhagirath Prasad and appellant No.3 - Gajanand S/o Ramniwas @ Babulal.

Learned counsel for the appellants has submitted that earlier the suspension of sentence application preferred on behalf of the appellant Nos.2 and 3 was dismissed on 03.10.2018 and thereafter around three years have been passed and the appeal has still not been heard. It is also submitted that from the

statements of the eye witnesses, it is clear that co-accused appellant No.1 - Prabhu Dayal Raigar has inflicted fatal injury on the head of the deceased and no specific injury has been assigned to the appellant Nos.2 and 3. It is further submitted that though co-accused appellant No.1 - Prabhu Dayal Raigar was convicted for the offence punishable under Section 302 IPC, whereas the appellant Nos.2 and 3 were convicted for the offence punishable under Section 302/149 IPC. It is further submitted that the appellant Nos.2 and 3 are in custody since April 2015 and there is no likelihood that the appeal filed on behalf of them will be heard in near future.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant Nos.2 and 3.

Having considered the totality of facts and circumstances of the case, We consider it just and proper to suspend the substantive sentence awarded to accused appellant No.2-Ram Niwas @ Babulal S/o Bhagirath Prasad and appellant No.3-Gajanand S/o Ramniwas @ Babulal.

Accordingly, D.B. Suspension of Sentence (Appeal) No.752/2021 (Ram Niwas @ Babulal & Anr. Vs. State of Rajasthan) filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 13.01.2017 in Sessions Case No.10/2015 against appellant No.2 - Ram Niwas @ Babulal S/o Bhagirath Prasad and appellant No.3 - Gajanand S/o Ramniwas @ Babulal shall remain suspended till final disposal of the aforesaid appeal, provided each of them executes a personal bond in a 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 30.09.2021 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 appellants changes the place of residence, they will give in writing their 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-appellants in a separate file. Such file be registered as Criminal misc. Case related to original case in which the accused-appellants 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 appellants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.