Ramlal vs State

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

The instant application for suspension of sentence has been preferred by accused applicant Ramlal, who has been convicted and sentenced by learned Sessions Judge, Pali vide judgment dated 16.08.2018 passed in Sessions Case No.135/2015 for the offences under Sections 302, 302/34 and 452 IPC.

Mr. Rajeev Bishnoi, learned defence counsel, submits that the applicant has been convicted with the aid of Section 34 IPC. As per him, the prosecution has changed the place of occurrence. The solitary sharp weapon injury, which was caused to Thanaram and which proved fatal, has been assigned to Pappu Ram. He submits that the allegation that the other two accused, i.e. the applicant herein and Rupa Ram, caught hold of the hands of the deceased, is per se unbelievable. He further submits that the applicant was on bail during trial and did not misuse the liberty granted to him. He, thus, submits that the application for suspension of sentence deserves to be accepted.

Learned Public Prosecutor has vehemently and fervently opposed the submissions advanced by the defence counsel. However, he too does not dispute the fact that the applicant has been convicted with the aid of Section 34 IPC. The allegation of the material prosecution witnesses of causing the solitary fatal blow to the deceased Thanaram is against co-accused Pappu Ram.

In this background and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant.

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 Sessions Judge, Pali vide judgment dated 16.08.2018 in Sessions Case No.135/2015 against the appellant-applicant Ram Lal S/o Shri Rupa 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 25.03.2019 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.