Bheru Lal S/o Hema vs State of Rajasthan

Heard learned counsel for the applicant-appellant and learned Public Prosecutor.

It is submitted that in the investigation one bamboo stick was recovered from the accused appellant and there is no specific allegation of inflicting injury by the said weapon. It is further submitted that as per postmortem report, there is no lacerated wound and the injury which is said to be the cause of death, is incised wound, therefore, the finding of conviction arrived at by the court below is erroneous. He, therefore, argued that the sentence awarded to the accused appellant may be suspended.

The learned Public Prosecutor vehemently opposed the instant application for suspension of sentence and submits that it is not fit case for suspending the sentence.

After considering the entire facts and evidence of the present case without expressing any opinion on merits, we deem it appropriate to suspend the sentence awarded to accused-appellant. Accordingly, this application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned Additional Sessions Judge, Gulabpura, District-Bhilwara, vide judgment dated 05.11.2015 in Session Case No.09/2013 against the applicant-appellant, Bheru Lal S/o Hema, shall remain suspended till the final disposal of aforesaid appeal and he may be released on bail provided he executes 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 trial court for his appearance before this Court on 24.04.2017 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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.

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.