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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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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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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