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Jagaram vs State Of Rajasthan on 30 January, 2020

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 188/2020

Jagaram S/o Kasna, Aged About 28 Years, B/c Meghwal, R/o
Taliyana, Tehsil Sayla, District Jalore. (Presently Lodged At
Central Jail, Jodhpur)

—-Petitioner
Versus
State Of Rajasthan, Through Pp

—-Respondent

For Petitioner(s) : Mr. Rajiv Bishnoi
For Respondent(s) : Mr. R.R. Chhaparwal, P.P.

HON’BLE MR. JUSTICE SANDEEP MEHTA
HON’BLE MR. JUSTICE VIJAY BISHNOI

Order

30/01/2020

Heard learned counsel for the applicant-appellant and

learned Public Prosecutor on the application for suspension of

sentences.

Learned counsel for the applicant-appellant has submitted

that the trial court has grossly erred in convicting the applicant-

appellant for the offence punishable under Sections 498A and

304-B I.P.C. It is argued that from the perusal of statements of

mother of the deceased, Baga Ram (PW-11) and grand-mother

Smt. Mathra Devi (PW-12), it is clear that there was no specific

demand of dowry on the part of the appellant and omnibus

allegations regarding the same have been levelled against him.

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(2 of 3) [SOSA-188/2020]

Learned counsel has further argued that it is an admitted

position that at the time of incident, the appellant was not at his

house and only convict Sati alias Chhati Devi, mother-in-law of the

deceased was there, whose sentences awarded by the trial court

have already been suspended by this Court vide order dated

10.1.2020. It is also submitted that prior to the alleged incident of

death of the deceased, no such complaint regarding demand of

dowry or harassment was ever filed by the complainant or by the

deceased. Learned counsel for the appellant has further

submitted that cause of death of the deceased as per the PMR is

hypovolumic shock due to extensive burns and no sign of any

other external injury was found on the body of the deceased when

autopsy was conducted.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Having heard learned counsel for the parties and having

gone through the statements of Baga Ram (PW-11), Smt. Mathra

Devi (PW-12) and Dr. Suresh Kumar Lakhara (PW-2), who

conducted the post mortem of the deceased and having taken into

consideration the fact that the sentences of convict Sati alias

Chhati Devi have already been suspended by this Court, we are of

the opinion that it is a fit case for suspending the sentences

awarded to the convict appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Sessions Judge, Jalore, vide

judgment dated 25.09.2019 in Sessions Case No.45/2013 (CIS

No.139/2014) against the appellant-applicant Jagaram S/o Kasna,

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(3 of 3) [SOSA-188/2020]

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.40,000/- with two sureties of Rs.20,000/-

each to the satisfaction of the learned trial Judge for his

appearance in this court on 03.03.2020 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

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.

(VIJAY BISHNOI),J (SANDEEP MEHTA),J

37-Babulal/-

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