Teel Singh Teel vs State Of Rajasthan

Farjand Ali, J

The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 20.07.2023 passed by the learned Additional Sessions Judge No.02, Udaipur in Sessions Case No.02/2019 whereby he was convicted and sentenced to suffer maximum rigorous imprisonment of seven years under Section 307 of the IPC along with a fine of Rs.10,000/- and lesser punishment for the other offences under Sections 326, 324 and 504 of the IPC.

It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. He was on bail during trial and did not misuse the liberty so granted to him; hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the appellant on application for suspension of sentence.

Heard learned counsel for the petitioner, learned counsel for the complainant and learned Public Prosecutor as well as gone through the record of the case.

I have minutely examined the statement of the victim who has received injury on her hand i.e., non vital part. The said injury has been opined to be grievous in nature on the strength of the radio-logical examination conducted by the radiologist. The x-ray plates have been tendered into evidence with the help of P.W.-15 (Dr. Nagendra Pal). However, the radiologist under whose surveillance the investigation was done and who prepared the report has not been examined in the trial. At this stage, the submission made by the learned counsel for the petitioner cannot be ignored and rather has worth that in absence of evidence of radiologist, the radio-logical report cannot be taken as a piece of evidence and if the same is removed from the case then the case would fall under the category of Section 323 of the IPC. At this stage when the appeal is not being heard, any comment on the credence of the evidence brought on record may influence the merit, therefore, abstaining from doing so but taking into consideration the totality of facts and circumstances of the case and the fact that the petitioner is behind the bars since 20.07.2023 and there is no hope of hearing of the appeal in the near future, this court is of the opinion that it is a fit case for suspending the sentence 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 sentence passed by learned Additional Sessions Judge No.02, Udaipur who passed the impugned order 20.07.2023 in Sessions Case No. 02/2019 against the appellant-applicant- Teel Singh S/ o Bhur Singh Rajput 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 01.03.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

(2) That if 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.

(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.