Shankar Lal vs State Of Rajasthan

Heard learned counsel for the parties on the application for suspension of sentence.

Learned counsel for the appellant/applicant has submitted that the trial court has committed error while convicting the appellant for the offence under Section 307 of IPC. Learned counsel while inviting our attention towards the statement of Investigating Officer (PW-13) has submitted that from his statement, it is clear that only one firearm i.e. pistol has been recovered in the case and that too from co-accused Birbal and not from the present appellant. It is further submitted that there is no allegation against the appellant of firing any gunshot. It is also submitted that the injuries sustained by the injured persons are simple in nature and in such circumstances, it cannot be said that the appellant is guilty of committing offence under Section 307 IPC. It is further submitted that during trial the appellant was on bail and as of now, he has served out a sentence of around 6 years and 8 months. It is further submitted that there is every likelihood that hearing of the appeal filed by the appellant is likely to take time, therefore, the sentence awarded to him by the trial court may be suspended

Learned Public Prosecutor has opposed the application for suspension of sentence and argued that this Court vide order dated 05.02.2020 has rejected the application for suspension of sentence filed on behalf of the appellant while observing that prima facie case for offence under Section 307/34 IPC is made out. It is further argued that involvement of the appellant in commission of crime is writ large, hence, his sentences are not liable to be suspended.

Having heard learned counsel for the parties; after going through the record and particularly taking into consideration the fact that the appellant was on bail during trial and has served out sentence of around 6 years and 8 months till date; without expressing any opinion on the merits of the case, we deem it appropriate to suspend the sentences awarded to the appellant.

Accordingly, this application for suspension of sentence filed under Sec.389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge No.3, Bikaner vide judgment dated 19.11.2019 in Sessions Case No.34/2012 against applicant-appellant Shankar Lal S/o Shri Shivratan shall remain suspended till final disposal of the appeal, 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 court for his appearance in this Court on 21.09.2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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

That if the applicant-appellant 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, 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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant-appellant 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 purpose relating to pendency and disposal of cases in the trial court. In case the said accused-applicant-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.