SOSA/522/2012 of ASHA RAM Vs STATE OF RAJASTHAN on 21 December 2012

In the Court of Judicature for Rajasthan at JaipurBench Jaipur SB Criminal Misc. 2[nd] Bail Application for Suspension ofSentence No.522 of 2012

inS.B.Criminal Appeal No.346 of 2010

Asha Ramvs.

State of Rajasthan

Date of Order: 21.12.2012

HON'BLE JUSTICE MS. BELA M. TRIVEDI

Mr.Champeshwar Goyal, for the applicant.Mr.Amit Poonia, PP for the State.

This is the second bail application filed by theapplicant-accused who has been convicted by theSpecial Judge,Dacoity Affected Area, Dholpur inSessions Case No. 70 of 2009 for the offences undersections 307 and 353 of IPC and under section 3/25 ofArms Act.

It has been submitted by learned counsel Mr.Champeshwar Goyal for the accused-appellant that theapplicant was not granted bail during the pendency oftrial and he has already undergone imprisonment for asubstantial period. He further submitted that no injurywas caused to any person because of the alleged firingdone by the applicant and the appeal is likely to takelong time.

However, learned Public Prosecutor for the Statehas resisted the application by submitting that theapplicant was caught on the spot and the Katta and bullets were recovered from him. According to him,considering the seriousness of offence, the applicationshould be dismissed.

Having regard to the submissions made by learnedcounsel for the parties and to the documents on record,it appears that the first application was dismissed bythis court for want of prosecution as the learnedcounsel for the applicant had not remained presentthough the matter was listed number of times.However, considering the fact that the applicant hasalready undergone more than three and half years ofsentence and the fact that the appeal is likely to takelong time for final disposal, and also considering thefact that no injury was caused to any person because ofthe alleged firing, the present application deserves tobe allowed.

Accordingly, the application of the appellant-AshaRam for suspension of sentence is allowed. Theappellant/applicant is directed to be released on bailpending the Appeal, on the condition that the applicantshall furnish a personal bond in the sum of Rs.50,000/-with two sureties of the like amount to the satisfactionof the trial court ,with the further stipulation to appearbefore this court on 22.1.2013 and before theconcerned Police Station in the last week of everymonth. He shall also furnish before the trial court hiscorrect residential address and the contact number andintimate the change if any.

(BELA M. TRIVEDI ) J.

All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.

Om Prakash

PA

Second bail (SOS)no.522/2012Asha Ram vs State