NEHRU RAM @ PREMA RAM & ANR. versus STATE

High Court of Rajasthan

Indian Supreme Court Cases / Judgements / Legislation

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NEHRU RAM @ PREMA RAM & ANR. v STATE - CRLAB Case No. 804 of 2007 [2007] RD-RJ 3320 (12 July 2007)

S.B. CRIMINAL MISC. II BAIL APPLI. (SUSPENSION OF

SENTENCE) NO. 804/2007

IN

S.B. CRIMINAL APPEAL NO. 903/2006

DATE OF ORDER : 12.07.2007

HON'BLE MR. JUSTICE DEO NARAYAN THANVI

Mr. Ranjeet Joshi for the applicant.

Mr. V.R.Mehta, Public Prosecutor.

Mr. Mangi Lal Bishnoi for the complainant.

Heard learned counsel for the applicant, learned Public

Prosecutor assisted by learned counsel for the complainant and perused the record.

Learned counsel for the applicant submits that accused applicant Nehruram @ Prema Ram has been convicted for offence under Section 376 IPC and sentenced to ten years' imprisonment. This is second application for suspension of sentence. The first application for suspension of sentence of applicant Nehruram @ Prema Ram was rejected by the order of this Court dated 22.3.2007. It appears that the evidence of the prosecutrix has not been discussed in the order. Learned counsel for the applicant has drawn my attention to the cross examination of the prosecutrix at page 14 of the statement, in which, she has stated that she never met accused Prema Ram and when accused Prema Ram was put for identification, she said that he is not Nehru Ram. Though, Nehru Ram and Prema

Ram are the same person.

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Considering all the facts and circumstances of the case and in view of the contention of the learned counsel for the complainant that the matter has been compromised between the parties, I feel it just and proper to suspend the sentence awarded to the accused applicant.

Accordingly, the second application under Section 389

Cr.P.C. for suspension of sentence is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge

(Fast Track) NO.1, Bikaner vide his judgment dated 20.9.2006 against accused applicant ­ Nehruram @ Prema Ram S/o

Nimbaram shall remain suspended till the final disposal of aforesaid criminal appeal provided he executes a personal bond in the sum of Rs.20,000/- along with two sureties in the sum of

Rs.10,000/- each to the satisfaction of the trial court for his appearance in this court on 30.08.2007 and whenever called upon to do so.

(DEO NARAYAN THANVI), J. ms rathore

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