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Rajasthan High Court – Jodhpur
Mr. Mk Garg vs Unknown on 17 December, 2014
                               [1]

  IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    AT JODHPUR

                           ORDER

D.B. CRIMINAL MISC. BAIL (SUSPENSION OF SENTENCE)
             APPLICATION NO.1111/2014
                         IN
          D.B. CRIMINAL APPEAL NO.1/2014

                          Nathu Ram
                              Vs.
                     The State of Rajasthan

                  Date of Order :: 17.12.2014
                           PRESENT

         HON'BLE MR. JUSTICE GOVIND MATHUR
         HON'BLE MR. JUSTICE ATUL KUMAR JAIN

Mr. MK Garg, for the applicant
Mr. JPS Choudhary, Public Prosecutor
                               ...

BY THE COURT :

While pressing this application, it is submitted by learned

counsel that the applicant is behind bars since 13.6.2008. It is

pointed out that as a matter of fact some dispute was already

existing between the parties with regard to a piece of a land.

According to learned counsel all other accused persons except

the present applicant are availing suspension of sentence. It is

also pointed out that as per the ocular evidence available on

record, the applicant was said to be armed with ‘barchi’ but a

‘gandasi’ has been recovered at his instance.

While opposing the application, it is submitted by learned

Public Prosecutor that the case of the present applicant cannot
[2]

be compared with the other co-accused persons as the fatal

head injury is assigned to the present applicant.

Heard learned counsel for the applicant, learned Public

Prosecutor and also examined the record. True it is, the fatal

head injury is assigned to the present applicant but it is also

relevant to notice thats as per the FIR one Kanhiya Lal, who was

not charge-sheeted too caused injury on the head of deceased.

Besides that, one head injury has also been assigned to

co-accused Bulkesh.

Having considered all these facts, specially by taking into

consideration the fact that the applicant is behind bar since

13.6.2008, we are inclined to grant this application.

Accordingly, this application seeking suspension of

sentence is allowed and it ordered that that the sentence passed

by learned Special Judge, SC/ST (Prevention of Atrocities) Act

Cases, Churu vide judgment dated 12.12.2013 against

applicant Nathu Ram S/o. Hanuman Prasad shall remain

suspended till final disposal of aforesaid criminal appeal provided

he executes two sureties in a sum of Rs.25,000/- each and a

personal bond in a sum of Rs.50,000/- to the satisfaction of

learned trial court for his appearance in this Court on 28.1.2015

and subsequently before the trial court on the following

conditions:-

[3]

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

2. That if the appellant changes his place of residence, he will
give the changed address in writing to the trial court, High Court
as well as to his counsel in the High Court.

3. Similarly if sureties change his/her/their address, they will
give in writing his/her/their changed address to the trial court.

The learned trial court shall keep the record of attendance

of the accused appellant in a separate file. Such file be

registered as Criminal Misc. Case related to the Sessions Case in

which the accused 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 appellant does not appear before

the trial court, the learned trial judge shall report the matter to

the High Court for cancellation of bail.

         [ATUL KUMAR JAIN], J.                      [GOVIND MATHUR], J.

Sanjay
 

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