Shambhu @ Shambhudiya vs State Of Rajasthan

Accused-appellant has laid this third application for suspension of sentence handed down by learned trial Court. Learned trial Court, by the impugned judgment, indicted appellant for offence under Sections 396 and 412 IPC and handed down maximum sentence of life term imprisonment with fine of Rs.10,000/-while acquitting him for offence under Section 412 IPC.

The first application for suspension of sentence of the applicant-appellant was dismissed as not pressed on 13.11.2017 followed by second on 06.10.2018 with liberty to renew prayer afresh after five months.

Arguing on this third application for suspension of sentence, it is submitted by learned counsel, Mr. Charan that there is no direct evidence against appellant for showing his involvement in commission of offence and the only evidence against him is recovery of earrings but there is no evidence to show that the earrings belong to the deceased. It is also submitted by learned counsel that accused has already undergone sentence of more than five and half years and the learned trial Court, while indicting him for offence under Section 396 IPC, has awarded a very harsh punishment of life term imprisonment whereas minimum sentence is ten years only. Learned counsel further submits that the present case is essentially edificed on circumstantial evidence yet the learned trial Court has grossly erred in appreciation of evidence while recording its finding about availability of chain of inculpatory evidence against the appellant. Learned counsel has therefore urged that appellant's indictment for charged offence is based on complete misreading of prosecution evidence. He has therefore urged that sentence may be suspended.

Per contra, learned Public Prosecutor, Mr. N.S. Bhati has strenuously urged that considering the grave and serious offence committed by appellant for which he has been indicted by the learned trial Court, no case for suspension of sentence is made out.

Having regard to the facts and circumstances of the case, we feel persuaded to accept the application for suspension of sentence.

Accordingly, the third application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge, Gulabpura, District Bhilwara, vide judgment dated 28.01.2017, in Sessions Case No.02/2014 against applicants-appellant, Shambhu @ Shambhudiya S/o Ramprasad, shall remain suspended till final disposal of the aforesaid appeal provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of like amount to the satisfaction of learned trial Judge for his appearance in this Court on 15.04.2019 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:-

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

That if the applicant change the place of residence, he will give in writing his changed addresses 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 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 purposes 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.