Vardha Ram And Others vs State Of Rajasthan

Farjand Ali, J

The defect pointed out by the Registry is overruled in view of the fact that bail bonds of the appellants have been forfeited by this Court vide order dated 05.07.2023 and bail granted to them vide order dated 12.04.2022 has been cancelled. The appellants Vardha Ram, Rama Ram, Bharat @ Bhura Ram and Champat @ Sampat are brought before this Court through warrant of arrest by Shri Chandra Mohan (FC -999), Police Station Anadra, Sirohi.

The appellants were convicted and sentenced by the learned Sessions Judge, Sirohi vide judgment dated 22.03.2022 passed in Special Case No.21/2013 (123/2014). It is not in dispute that the appellants have preferred an appeal bearing Criminal appeal No.344/2022, which was admitted on 12.04.2022 and at the same time considering the overall circumstances, the sentence awarded to them vide judgment dated 22.03.2022 by the learned trial Court was directed to remain suspended till disposal of the appeal. In the aforesaid order, certain conditions were imposed one of which was to mark appearance before the trial Court in the month of January every year till disposal of the appeal, however, the appellants have made the default and failed to do so. Whereafter constrained by the act of the appellants, this Court on 05.07.2023 had cancelled their bail. Now, the second instant application for suspension of sentence has been preferred.

Shri Deora, learned counsel for the appellants, submits that owing to some miscommunication regarding the conditions of marking appearance before the trial Court in the month of January every year, the appellants who are resident of remote villages and are illiterate person have failed to mark their presence. It is contended that the default was not made wilfully or deliberately rather it happened due to ignorance and miscommunication.

Per contra, learned Public Prosecutor has vehemently opposes the prayer made by learned counsel for the accused-applicants for releasing the appellants on application for suspension of sentence.

Considering the overall submissions, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellants, who have been produced before this Court. Accordingly, the sentence passed by the learned trial Court shall remain suspended till further order in this regard. The appellants are directed to be released on bail provided each of them shall execute a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned Registrar (Judicial) of this Court. The conditions enumerated in the order dated 12.04.2022 shall apply mutatis mutandis.

Though, the application for suspension of sentence has also been submitted on behalf of appellant No.4 Laxman but neither he has been brought nor appeared, therefore, his application is dismissed.