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Judgment
Considered I.A. No.5538/2019, which is first application under Section 389(1) of Cr.P.C. for suspension of jail sentence filed by the appellant - Bajrang Rathore S/o Ramnarayan Rathore, who has been convicted and sentenced by the Additional Sessions Judge, Bhanpura, District Mandsaur in S. T. No.290/2013 vide judgement dated 21.06.2019 as under :-
S. No.
Sections
Imprisonment
Fine amount
Imprisonment in lieu of fine
1
304-II/34 of IPC
10 years RI
Rs.1,000/-
3 months RI
2
323 of IPC
1 year RI
Rs.500/-
3 months RI
As per the prosecution story, there was a property dispute between deceased Radheshyam and Bhagirath, his cousin, who is co-accused in this case. On 29.11.2012 at about 08.00 PM, Radheshyam was assaulted by Bhagirath, his son Kailash and wife Munnibai, that Radheshyam is younger brother of Heeralal. Heeralal's son Indersingh and wife Phoolwantibai tried to intervene, they were also assaulted. Radheshyam tried to run away but was caught hold and led inside the house by Bhagirath and he received severe injuries and died subsequently.
Learned counsel for the appellant submits that in the report lodged by Phoolwantibai (PW-1), there is no mention of the appellant and as per the prosecution story, the appellant had assaulted Indersingh (PW-17) with lathi and Indersingh had turned hostile and no weapon has been recovered from the appellant. The appellant has also not been named by Babulal (PW-3) and Shankarlal (PW-4) and even Phoolwantibai (PW-1) has not named him. He has also pointed out that the Investigating Officer Parmanad (PW-21) in para-50 has admitted that the Police Superintendent, Mandsaur had issued an instruction to SHO Police Station Gandhi Nagar that the appellant has not been found to be involved and that his name has been added due to animosity and on these grounds, suspension of jail sentence has been sought.
Learned Public Prosecutor for the State was also heard.
On due consideration of the aforesaid, without expressing any opinion on the merits of the case, I.A. No.5538/2019, application for suspension of jail sentence is allowed. The substantive jail sentence of the appellant - Bajrang Rathore is suspended subject to his depositing the fine amount (if not already paid) and furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before this Court/Registry on 14.10.2019 and on all other subsequent dates as may be fixed by the Registry in this behalf.
List the matter for final hearing in due course.