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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
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CRL APP BAIL No. 1195 of 2007
IN
CRL APPEAL No.803 of 2007
PALA RAM
V/S
STATE
Mr. MRIDUL JAIN, for the appellant / petitioner
Mr. JPS CHOUDHARY, PP
Date of Order : 9.7.2008
HON'BLE SHRI N P GUPTA,J.
HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J.
ORDER
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Heard learned counsel for the appellant Pala Ram,
and the Public Prosecutor.
We have gone through the statements of the two
eye-witnesses, P.W.3, P.W.5, I.O. P.W.13, the informant
P.W.1 Mohan Lal, the father of the deceased, and had also
gone through the post mortem report, which doesn’t show any
sharp weapon injury to be on the person of the deceased,
while the case of the eye-witnesses is that the appellant
was having Kandala, a sharp edged weapon. Then according to
the prosecution (Ex.P.25), the weapon was recovered on the
information of, and at the instance of the accused, while
according to P.W.1, the weapon was lying broken on the
site, and was recovered by the police there-from. That
apart, we have also considered Ex.D.5, D.6 in conjunction
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with the totality of circumstances, and the fact that the
appellant was on bail during trial, in our view, in the
totality of circumstances, we deem it proper to suspend the
sentence awarded to the 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 the learned Addl.
Sessions Judge, Srikaranpur, District Sri Ganganagar in
Sessions Case No.14/2004 vide his judgment dated 17.9.2007
against the accused-applicant Pala Ram S/o Bhoora Ram shall
remain suspended till the final disposal of the aforesaid
criminal appeal provided he furnishes a personal bond in
the sum of Rs.20,000/-, and two sound and solvent sureties
of Rs.10,000/- each to the satisfaction of the learned
trial court for his appearance before this Court on the
conditions indicated below: –
(i) That he will appear before this Court on
8.8.2008.
(ii) That he will appear before the trial court
in the months of January and June of every year
till the appeal is decided.
(iii)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 his
counsel in the High Court.
(iv)Similarly, if the sureties change their
address(s), they will give in writing their
changed address to the trail court.
The learned trial court shall keep the record of
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attendance of the accused-applicant in a separate file.
Such file be registered as Cr. Misc. Case related to
Sessions 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 purpose 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.
( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J.
/tarun/