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Bishna Ram vs State on 22 February, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR

S.B. Suspension Of Sentence(Appeal) No. 173 / 2018
In
S.B. Criminal Appeal No.2108/2017

Bishna Ram S/o Sh. Asu Ram, Aged About 23 Years, By Caste
Meghwal, Resident of Ward No. 1, Deshnok, District Bikaner (Raj.)
(Presently Lodged in Central Jail, Bikaner)

—-Appellant

Versus

The State of Rajasthan

—-Respondent
__
For Appellant(s) : Mr. Vineet Jain
For Respondent(s) : Mr. R.K. Bohra, P.P., for the State
For Complainant : Mr. D.D. Chitlangi
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
22/02/2018

Applicant-appellant Bishna Ram has laid this application

under Section 389 Cr.P.C. craving for suspension of sentence

handed down by learned trial Court by its judgment dated

05.12.2017. Learned trial Court by the impugned judgment has

convicted appellant for offence under Sections 498A and 306 IPC.

It is argued by learned counsel for the applicant that during

trial applicant was on bail. It is also submitted by learned counsel

for the applicant that prima facie requisite ingredients for
(2 of 3)

constituting offence under Section 306 IPC are conspicuously

missing in the matter and learned trial Court has seriously erred in

castigating the applicant for abetment of suicide. While referring

to the statements of parents of deceased P.W.3 and P.W.7, learned

counsel has argued that a cumulative reading of the statements of

both the witnesses sufficiently demonstrates that there was no

question of any abetment by the appellant wherein a situation has

arisen so as to compel deceased Ms. Suman to commit suicide.

With these arguments, learned counsel has craved for suspending

the sentence awarded by the learned trial Court.

Learned Public Prosecutor has vehemently opposed the

application for suspension of sentence.

Learned counsel for the complainant, while reiterating the

arguments of the learned Public Prosecutor, submits that in the

backdrop of proven criminal delinquencies of the applicant, he is

not entitled for suspension of sentence.

I have bestowed my consideration to the arguments

advanced by rival parties, perused the impugned judgment and

also examined the record of the case.

Having regard to the facts and circumstances of the case, I

feel inclined to accept this application for suspension of sentence.

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 learned Additional Sessions Judge (Women

Atrocities Cases), Bikaner, vide judgment dated 05.12.2017, in

Sessions Case No.117/2013 against appellant-applicant, Bishna
(3 of 3)

Ram S/o Sh. Asu 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 23.03.2018 and

whenever ordered to do so till disposal of the appeal, on the

conditions indicated below:-

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 applicant changes the place of
residence, he will give in writing his 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

accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original 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 purposes 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.

(P.K. LOHRA)J.

Bharti/94

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