Ram Lal vs State

Heard on the 3rd application for suspension of sentences.

Perused the material available on record.

The appellant has been convicted and sentenced to various offences including the offence under Section 376 IPC for which, he was awarded the maximum sentence of ten years rigorous imprisonment along with fine of Rs.4,000/- and in default to further undergo four months simple imprisonment vide judgment dated 15.12.2014 passed in Sessions Case No.125/2013 by learned Addl. Sessions Judge (Women Atrocities Cases) Udaipur.

As per the custody certificate placed on record, he has suffered imprisonment of 5 years and 7 months. On perusal of the order sheets of the appeal it is clear that the case has not been listed for hearing even once. The trial court held the age of the victim to be 16 to 17 years. On perusal of the statement of the victim recorded by the trial court, this court is satisfied that elements of consent are available therein.

In this background and without commenting on the merits of the case, this Court is inclined to suspend the sentences awarded to the accused-appellant by the trial court, during pendency of appeal.

Accordingly, the 3rd application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Addl. Sessions Judge (Women Artocities Cases) Udaipur vide judgment dated 15.12.2014 in Sessions Case No.125/2013 against the appellant-applicant Ram Lal S/o Amar Chand Gameti shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes 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 14.10.2019 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 Court for cancellation of bail.