Rajasthan High Court - Jodhpur
Ghewarram vs State Of Rajasthan on 24 May, 2022
Bench: Sandeep Mehta, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 327/2022
Ghewarram S/o Chunaram, Aged About 32 Years, B/c Kumawat
R/o Bera Badala Nimaj Ps Jaitan Dist. Pali Raj. (Presently Is In
J.C. In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Girish Choudhary.
For Respondent(s) : Mr. R.R. Chhaparwal, PP.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 24/05/2022 The appellant applicant herein stands convicted and sentenced as below vide judgment dated 21.02.2022 passed by the learned Additional Sessions Judge, Bilara, District Jodhpur in Sessions Case No.96/2020 (18/2012) CNR No.RJJR-13-000460- 2020:
Offences Sentences Fine Fine Default
Sentences
Section 450 IPC 10 Years' R.I. Rs.2,000/- 2 Month's
Additional
Imprisonment
Section 459 IPC 10 Years' R.I. Rs.2,000/- 2 Month's
Additional
Imprisonment
Section 460 IPC 10 Years' R.I. Rs.2,000/- 2 Month's
Additional
Imprisonment
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Section 394 IPC 10 Years' R.I. Rs.2,000/- 2 Month's
Additional
Imprisonment
Section 397 IPC 7 Years'
Imprisonment
Section 323/34 1 Year's R.I. Rs.500/- 15 Days'
IPC Additional
Imprisonment
Section 324/34 3 Years' R.I. Rs.1,000/- 1 Month's
IPC Additional
Imprisonment
Section 325/34 7 Years' R.I. Rs.1500/- 45 Days'
IPC Additional
Imprisonment
Section 307/34 10 Years' R.I. Rs.2,000/- 2 Month's
IPC Additional
Imprisonment
Section 302/34 Life Imprisonment Rs.5,000/- 6 Month's
IPC Additional
Imprisonment
All the substantive sentences were ordered to run concurrently.
The instant application for suspension of sentences under Section 389 Cr.P.C. has been filed on behalf of the applicant appellant seeking release on bail during pendency of the appeal.
We have heard learned counsel representing the applicant appellant and the learned Public Prosecutor and perused the impugned Judgment and the material available on record.
Learned counsel Shri Girish Choudhary representing the appellant, vehemently and fervently urged that there is hardly any evidence worth the name of the record so as to connect the appellant with the crime. The incident involves house breaking by the night, dacoity and triple murder in the house of Shri Mangla Ram Dewasi at the Village Baag Ki Dhani, Bilara which took place in the night intervening 13/14.01.2012. Smt. Dhagli and Dariyav survived the assault whereas Dakhu Devi, Sangeeta and Ratna Ram lost their lives. Sangeeta before she expired identified one of (Downloaded on 24/05/2022 at 09:04:29 PM) (3 of 5) [SOSA-327/2022] the assailants namely Salim. However, she did not identify the appellant herein. The appellant has been convicted in this case merely on the basis of recovery of his blood stained clothes. Shri Choudhary urged that the recovery was effect after significant delay and thus, it is unbelievable that the appellant would have preserved the worthless incriminating articles for the same to be recovered by the police at a later stage. On these grounds, Shri Girish Choudhary implored the Court to accept the application for suspension of sentences and direct enlargement of the appellant on bail, during pendency of the appeal.
Learned Public Prosecutor has filed reply to the application for suspension of sentences as per which, the appellant does not have any criminal antecedents. He has suffered imprisonment of nearly 10 years and 2 months without remission as on date. As per the prosecution allegations, three unknown assailants committed house breaking by the night in the house of Mangla Ram in the night of 14.01.2012 with the intention of committing dacoity and during this process, they assaulted the inmates Smt. Dhagli, Dakhu Devi, Dariyav Devi, Ratna Ram and Sangeeta and looted the valuable articles, ornaments, etc. and a Tavera Car No.RJ-19-UA-5033. Dakhu, Ratna Ram and Sangeeta expired as a result of the injuries received in the assault whereas Dhagli Devi and Dariyav Devi were injured. The prosecution has tried to portray that the faces of the assailants were covered by clothes. However, during the assault, the cloth covering the face of one of the assailants slipped and the deceased Sangeeta identified him to be Salim who blurted out the names of the two other assailants. However, the witness Dariyav (PW-17) could only identify the (Downloaded on 24/05/2022 at 09:04:29 PM) (4 of 5) [SOSA-327/2022] accused Salim in her evidence whereas Dhagli Devi (PW-18) could not identify any of the assailants.
The case of the prosecution as against the appellant is thus based totally on recovery of the blood stained shirt and the number plate of the Tavera Vehicle. Whether or not, these recoveries would be finally considered constituting proper evidence so as to affirm the conviction of the appellant applicant Ghewar Ram, would be for the Court to contemplate when the appeal is being finally decided. However, for the present, we are duly satisfied that the appellant has significant grounds to assault the impugned Judgment. He has suffered more than 10 years imprisonment without there being any possibility of an early hearing of the appeal. The appellant does not have any criminal antecedent as per the reply filed by the learned Public Prosecutor.
In this view of the matter and, having regard to the facts and circumstance as available on record, we deem it just and proper to suspend the sentences awarded to the appellant applicant, during pendency of the appeal.
Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the Additional Sessions Judge, Bilara, District Jodhpur, vide judgment dated 21.02.2022 in Sessions Case No.96/2020 (18/2012) CNR No.RJJR-13-000460- 2020 against the appellant-applicant Ghewarram S/o Chunaram, shall remain suspended till final disposal of the aforesaid appeal and she shall be released on bail, provided she 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 her appearance in this court on 27.06.2022 and (Downloaded on 24/05/2022 at 09:04:29 PM) (5 of 5) [SOSA-327/2022] whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), 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-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/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 applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J 49-Tikam/-
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