Rajasthan High Court - Jodhpur
Hanuman Ram vs State on 13 May, 2022
Bench: Sandeep Mehta, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 218/2022
Hanuman Ram S/o Dala Ram, Aged About 23 Years, B/c Jat
(Rao), R/o Rawatsar, Police Station Degana, Distt. Nagour (Raj.)
(At Present Lodged In Sub Jail, Jaitaran)
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Niranjan Singh Shekhawat
For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG with
Mr. B.R. Bishnoi, AGC.
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MS. JUSTICE REKHA BORANA Order 13/05/2022 Heard learned counsel representing the applicant appellant and the learned Public Prosecutor. Perused the impugned Judgment and the material available on record.
The appellant applicant herein stands convicted and sentenced as below vide judgment dated 28.02.2022 passed by the learned Additional Sessions Judge, Jaitaran, District Pali in Sessions Case No.39/2018 (CIS No.39/2018):
Offences Sentences Fine Fine Default
Sentences
Section 148 IPC 3 Years' R.I. Rs.2,000/- 2 Months' S.I.
Section 302 IPC Life Rs.5,000/- 6 Months' S.I.
Imprisonment.
Section 460 IPC Life Imprisonment Rs.5,000/- 6 Months' S.I.
Section 120B Life Imprisonment Rs.5,000/- 6 Months' S.I.
IPC
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(2 of 5) [SOSA-218/2022]
The incident relates to the alleged murder of Babulal by unknown assailants on the night intervening 17/18th June, 2018. The written report (Ex.P/1) came to be submitted by Ramlal at the Police Station Aanandpur Kalu, District Pali alleging inter alia that his father Shri Babulal had been murdered by unknown assailants by inflicting blows of sharp weapons while the deceased was sleeping inside his house. After investigation, initially, a charge- sheet came to be submitted against Mahipal, the appellant herein and Ramnarayan son of Babulal. Later on, a supplementary charge-sheet was filed against Sundri wife of the deceased Babulal, Mamta daughter of Babulal and Sushila daughter of Babulal.
Shri Shekhawat, counsel representing the applicant appellant, vehemently and fervently contended that there is hardly any evidence worth the name on the record of the case to connect the appellant with the crime. The only links in the chain of circumstances, which have been relied upon by the prosecution so as to prove the guilt of the appellant, are in form of the confessional statement of the accused Mahipal and the recovery of a knife made at the instance of the accused appellant. He urged that the confessional statement of the co-accused cannot be read against the accused appellant as the same is hit by Sections 25/ 26 of the Indian Evidence act. Regarding the recovery of knife, Shri Shekhawat urged that no blood group was found on the knife when it was subjected to serological examination at the FSL. In this regard, he referred to the FSL report (Ex.P/70) which reflects that the Chaku (Article 'K') recovered at the instance of the accused Hanuman Ram did not give any conclusive test regarding (Downloaded on 13/05/2022 at 09:07:38 PM) (3 of 5) [SOSA-218/2022] blood grouping. On these grounds, Shri Shekhawat implored the Court to accept the application for suspension of sentences and direct enlargement of the appellant on bail during pendency of the appeal.
Per contra, Shri M.A. Siddiqui, learned GA-cum-AAG vehemently and fervently opposed the submissions advanced by Shri Shekhawat and urged that the prosecution has led convincing circumstantial evidence so as to prove the guilt of the accused and thus, he does not deserve indulgence of bail in this application for suspension of sentences.
We have given our thoughtful consideration to the submissions advanced at bar and have gone through the material available on record.
A thorough perusal of the record indicates that only two links of circumstantial evidence were presented by the prosecution in an attempt to bring home the charges against the appellant;
(i) the interrogation note of the co-accused Mahipal and
(ii) recovery of knife.
Suffice it to say that interrogation note of an accused recorded by the police officer would be hit by Sections 25 and 26 of the Indian Evidence Act. The knife recovered at the instance of the appellant did not give any conclusive result regarding blood grouping when the same was tested at the FSL which fact is affirmed from the FSL Report (Ex.P/70).
In this background, we are of the opinion that the appellant applicant has available to him strong and plausible grounds so as to assail the impugned Judgment. Hearing of the appeal is unlikely in near future.
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(4 of 5) [SOSA-218/2022] 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, Jaitaran, District Pali, vide judgment dated 28.02.2022 in Sessions Case No.39/2018 (CIS No.39/2018) against the appellant-applicant Hanuman Ram, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he 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 his appearance in this court on 21.06.2022 and 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 (Downloaded on 13/05/2022 at 09:07:38 PM) (5 of 5) [SOSA-218/2022] 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.
(REKHA BORANA),J (SANDEEP MEHTA),J
23-Tikam/Devesh/-
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