Rupa And Ors vs State Of Rajasthan

The instant application for suspension of sentence has been filed on behalf of the appellant-applicants Rupa, Homla and Valiya, who have been convicted and sentenced by learned Additional Sessions Judge and Special Judge, SC/ST (Prevention of Atrocities Cases, Pratapgarh vide judgment dated 17.02.2018 passed in Sessions Case No.61/1999 (CIS NO.1070/2014).

The appellant-applicants have been convicted in the fourth round of trial in relation to the FIR, which was lodged way back in the year 1998. The appellants went absconding after the incident and could be apprehended after a significant delay. The earlier three trials resulted into separate judgments dated 06.07.2000, 23.11.2002 and 14.02.2007, whereby various co-accused have been convicted by the trial court. The co-accused convicted earlier have been enlarged on bail by different orders passed in the respective suspension of sentence applications. The case of the appellant-applicants is not different in any manner whatsoever.

In this background, we hereby allow the instant application for suspension of sentence filed under Section 389 CrPC and order that the sentences passed by the learned Additional Sessions Judge and Special Judge, SC/ST (Prevention of Atrocities Cases, Pratapgarh vide judgment dated 17.02.2018 in Sessions Case No.61/1999 (CIS No.1070/2014) against the appellant-applicants Rupa S/o Shri Asha, Homla S/o Shri Khaniya and Valiya S/o Shri Dhuliya shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided each of them executes a personal bond in the sum of Rs.80,000/- with two sureties of Rs.40,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 08.03.2019 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 any of 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(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-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicants 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 applicants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

The Registry shall tag the files of all the appeals arising from FIR No.264/1998 Police Station Pratapgarh and list all of them together hereinafter.