Rajasthan High Court - Jodhpur
Kanti Shanker & Ors vs State on 7 June, 2017
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail (SOS) No. 593/2017
IN
S.B. Criminal Appeal No. 840 / 2017
1. Kanti Shanker Son of Dhula Pargi, By Caste Meena, Resident
of Dhangaon, Chitari Police Station, District Dungarpur.
2. Kalu Son of Phulchand
3. Gautam Son of Bharu, No. 2 & 3 Both by Caste Pargi Meena,
Residents of Dharampuri, Chitari Police Station, District
Dungarpur.
4. Nana Son of Bhura Guda, By Caste Meena, Resident of
Gundlara, Chitari Police Station, District Dungarpur.
5. Soma Son of Roopa Ji, By Caste Pargi Meena
6. Kalu Son of Gang Ji Goda, By Caste Meena, No. 5 & 6
Residents of Dharamapuri, Chitari Police Station, District
Dungarpur.
7. Khemji Son of Motiya
8. Rumal Son of Bhura Damor, No. 7 & 8 Both by Caste Damor
Meena, Residents of Bhachadiya, Chitari Police Station,
District Dungarpur.
9. Mohan Son of Bhura Goda, By Caste Meena, Resident of
Dharampuri, Chitari Police Station, District Dungarpur.
10. Durga Shanker Son of Bhagwan Lal Goda, By Caste Meena,
Resident of Gundlara, Chitari Police Station, District
Dungarpur.
11. Deva Son of Dhanna Bhagora, By Caste Meena, Resident of
Manpadla, Chitari Police Station, District Dungarpur.
12. Rattu @ Ratan Lal Son of Badji Rot, By Caste Meena,
Resident of Sendola, Chitari Police Station, District
Dungarpur.
(2 of 5)
[SOS-593/2017
IN
CRLA-840/2017]
13. Nana Son of Kauda Bhagora, By Caste Meena, Resident of
Gundlara, Chitari Police Station, District Dungarpur.
14. Dharma Son of Bhalji Tabiyad, By Caste Meena, Resident of
Patiya, Chitari Police Station, District Dungarpur.
15. Karunesh Kumar Son of Motiya Damor, By Caste Meena,
Resident of Udadiya, Chitari Police Station, District
Dungarpur.
16. Shanker Son of Jagji Damor, By Caste Meena, Resident of
Bhachadiya Khas, Chitari Police Station, Distt Dungarpur.
17. Kamla Shanker Son of Lemba Tabiyad, By Caste Meena
18. Bhura Lal Son of Rumal Tabiyad, By Caste Meena
19. Soma @ Someshwar Son of Dalla Damor, By Caste Meena
No. 17 to 19 Residents of Bhachadiya, Chitari Police Station,
District Dungarpur.
20. Kamlesh Son of Motiya Damor, By Caste Meena
21. Kanti Lal Son of Rumal Damor, By Caste Meena, No. 20 & 21
Residents of Bhachadiya Jagtan, Chitari Police Station,
District Dungarpur.
22. Kari Lal Son of Savji, By Caste Meena, Resident of Chikhali,
Police Station Chitari, District Dungarpur.
23. Badami Lal @ Bhadra Son of Bhura Maida, By Caste Meena,
Resident of Dhanora, Chitari Police Station, Distt Dungarpur.
(Confined in District Jail, Dungarpur)
----Appellants
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Appellant(s) : Mr. JVS Deora
For Respondent(s) : Mr. O. P. Rathi, Public Prosecutor
(3 of 5)
[SOS-593/2017
IN
CRLA-840/2017]
_____________________________________________________
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR VJ
Order 07/06/2017 Heard on the application seeking suspension of sentence.
The learned counsel for the applicants-appellants submits that the applicants-appellants were convicted for the offences under Sections 147, 332/149, 353/149, 333/149, 427/149, 435/149, 436/149, 342/149, 307/149 IPC and under Section 3 of PDPP Act Cases and was sentenced for the above said offences as under:-
1 Section 147 IPC Two years SI and a fine of Rs. 500/-, in default of payment of fine, further undergo one month additional RI each.
2 Section 307/149 IPC Seven years R.I., and a fine of Rs. 1,000/- , in default of payment of fine, further undergo one month additional R.I. each 3 Section 353/149 IPC Two years R.I., and a fine of Rs. 500/-, in default of payment of fine, further undergo one month additional R.I. each 4 Section 332/149 IPC Three years R.I., and a fine of Rs. 1,000/-, in default of payment of fine, further undergo one month additional R.I. each.
5 Section 323/149 IPC Seven years R.I., and a fine of Rs. 1,000/- in default of payment of fine, further undergo one month additional R.I. each.
6 Section 342/149 IPC One years R.I., and a fine of Rs. 500/- in default of payment of fine, further undergo one month additional R.I. 7 Section 427/149 IPC Two years R.I., and a fine of Rs. 500/-, in default of payment of fine, further undergo one month additional R.I. each.
8 Section 435/149 IPC Five years R.I., and a fine of Rs. 1,000/-, in default of payment of fine, further undergo (4 of 5) [SOS-593/2017 IN CRLA-840/2017] one month additional R.I. each 9 Section 436/149 IPC Seven years R.I., and a fine of Rs. 1,000/-, in default of payment of fine, further undergo one month additional R.I. each 10 Section 3 of PDPP Act Three years R.I, and a fine of Rs. 1,000/- in default of payment of fine, further undergo one month additional R.I. each.
Learned counsel for the applicants-appellants further submits that appellants were on bail during trial and after conviction their sentences were suspended by the learned trial court itself. However, the disposal of appeal may take time, therefore, the sentence of the applicants-appellants may be suspended till disposal of the appeal.
Having heard learned counsel for the appellants, I deem it appropriate to allow the application for suspension of sentence under Section 389 Cr.P.C. which is hereby allowed and it is ordered that the sentence passed by learned Additional Sessions Judge, Dungarpur, in Sessions Case No.17/2009 vide judgment dated 31.05.2017 against the appellants (1) Kanti Shanker Son of Dhula Pargi, (2) Kalu Son of Phulchand, (3) Gautam Son of Bharu, (4) Nana Son of Bhura Guda, (5) Soma Son of Roopa Ji, (6) Kalu Son of Gang Ji Goda, (7) Khemji Son of Motiya, (8) Rumal Son of Bhura Damor, (9) Mohan Son of Bhura Goda, (10) Durga Shanker Son of Bhagwan Lal Goda, (11) Deva Son of Dhanna Bhagora, (12) Rattu @ Ratan Lal Son of Badji Rot, (13) Nana Son of Kauda Bhagora, (14) Dharma Son of Bhalji Tabiyad, (15) Karunesh Kumar Son of Motiya Damor, (16) Shanker Son of Jagji Damor, (17) Kamla Shanker Son of Lemba Tabiyad, (18) Bhura Lal Son of Rumal Tabiyad, (19) Soma @ Someshwar Son of Dalla Damor, (20) Kamlesh Son of Motiya Damor, (21) Kanti Lal Son of Rumal Damor, (22) Kari Lal Son of Savji, (23) Badami Lal @ Bhadra Son of Bhura Maida, shall remain suspended till final disposal of the aforesaid criminal appeal and they be released on bail provided (5 of 5) [SOS-593/2017 IN CRLA-840/2017] each of them executes two sureties in the sum of Rs.25,000/- and a personal bond in the sum of Rs.50,000/- to the satisfaction of the learned trial court for their appearance in this Court on 07.07.2017 and subsequently before the trial court on the following conditions:-
1. That they will appear before the trial court in the month of January every year till the appeal is decided.
2.That if the appellants changes the place of residence, they 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 their addresses, 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 appellants in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellants were 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 appellants does not appear before the trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.
(VINIT KUMAR MATHUR), VJ.
Solanki Sunil/-
S-124