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Vikram vs State Of Rajasthan on 6 October, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc. Suspension Of Sentence Application

No. 800/2018

in

D.B. Criminal Appeal No. 760/2017

Vikram S/o Shri Balram, aged about 29 years, B/c Bheel, R/o
Tankaria, Street No.7, Sirohi (Raj).
(Presently lodged in Distt. Jail, Sirohi.)

—-Petitioner
Versus
State of Rajasthan

—-Respondent

For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. J.P.S. Choudhary, Public
Prosecutor

HON’BLE MS. JUSTICE NIRMALJIT KAUR
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

06/10/2018

This is the bail application under Section 389 of the Cr.P.C.

for suspension of sentence awarded to the applicant by learned

Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi

in Sessions Case No.1/2016 (26/2013) (C.I.S. No.132/2014)

dated 22.04.2017, vide which, the Sessions Judge has convicted

and sentenced the applicant for offences under Sections 498A

302 IPC.

It is submitted by learned counsel for the applicant that as

per the dying declaration, admittedly, it was the appellant to tried

to save deceased. This fact is further established from the burn
(2 of 3) [SOSA-800/2018]

injury received by him. It is further contended that the allegation

is of throwing kerosene on her from back whereas the burn injury

are in front which falsified the story of the prosecution.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence passed by learned

Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi

in Sessions Case No.1/2016 (26/2013) (C.I.S. No.132/2014)

dated 22.04.2017, against the applicants Vikram S/o Shri Balram

shall remain suspended till the final disposal of the aforesaid

criminal appeal provided he executes a personal-bond in the sum

of Rs.50,000/- along with two sureties in the sum of Rs.25,000/-

each to the satisfaction of the learned Special Judge, SC/ST

(Prevention of Atrocities) Act Cases, Sirohi on the following

conditions:-

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
the changed address in writing to the trial court, High Court as
well as to his counsel in the High Court.

3. Similarly if the sureties change their address, 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 appellant-applicant in a separate file. Such file be

registered as Criminal Misc. Case related to the Sessions Case in

which the accused appellant-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 purpose relating to pendency and disposal of cases in

the trial court. In case the said accused appellant-applicant does
(3 of 3) [SOSA-800/2018]

not appear before the trial court, the learned trial judge shall

report the matter to the High Court for cancellation of bail.

(VINIT KUMAR MATHUR),J (NIRMALJIT KAUR),J

Ramesh/10

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