MAHIPAAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentences under Sec. 389 Cr.P.C. has been preferred by appellant-applicant who has been convicted and sentenced as below vide judgment dtd. 28/2/2022 passed by learned Addl. Sessions Judge, Jaitaran, Pali in Sessions Case No.39/2018:

(2.) The prosecution has come out with a case that the accused Sundari, Mamta and Sushila, wife and daughters respectively of Shri Babulal conspired with the remaining accused persons including the appellant herein to get Shri Babulal murdered. Acting in furtherance of the said conspiracy, certain unknown assailants entered into the house of Shri Babulal on the night of 18/6/2018. They were armed with sharp weapons. They assaulted and killed Babulal in the courtyard of his house. The FIR of this incident was lodged by Shri Ramlal, grandson of Shri Babulal. The appellant and the co-accused persons were arrested and based on certain incriminating recoveries and inference of conspiracy, charge-sheet came to be filed in the trial court for the offences punishable under Ss. 147, 148, 302/114, 460/114, 120B and 182 IPC.

(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.