HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Application for Suspension Of Sentence No. 82/2023 In S.B. Criminal Appeal No. 143/2023 Pradeep Kumar @ Pappu S/o Shanti Lal, Aged About 25 Years, Ajgariyapada, Kuwaniya, P.s. Bhungara, Dist. Banswara. (At Present Lodged In Central Jail, Udaipur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Parikshit Nayak
For Respondent(s) : Mr. A.R. Choudhary, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/04/2023
The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 21.01.2023 passed by the learned Additional Sessions Judge, Banswara in Sessions Case No.143/2019 (CIS No.143/2019) whereby he was convicted and sentenced to suffer maximum imprisonment of seven years' rigorous imprisonment along with a fine of Rs.25,000/- under Section 304 (B) of IPC and lesser punishment for the other offence under Section 498A of IPC.
It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be (Downloaded on 04/04/2023 at 10:31:44 PM) (2 of 4) appreciated again by this court being the first appellate Court.
Shri Parikshit Nayak, learned counsel appearing for the appellant further submits that the ingredients, essential to constitute an offence under Section 304-B of IPC are conspicuously missing, as the prosecution has miserably failed to establish the fact that soon before her death, the deceased was subjected to maltreatment for or in connection of dowry. Simply omnibus allegation of cruelty meted out to the deceased on account of dowry has been mentioned in the FIR. Subsequent thereto, a new story of demanding amount for paying installment for the vehicle was set up. However, on both counts, the prosecution failed to establish the fact beyond the reasonable doubt that the deceased ended her life on account of cruelty meted out to her in connection with demand of dowry. He further submits that the material witnesses have not supported the prosecution story rather turned hostile. The prosecution has been launched with the dishonest intention owing to the said demise of the young bride and the above fact can very well be elucidated from the FIR wherein even an allegation of murdering the deceased was made, however, after investigation, the theory of killing her was not found proven. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the appellant on application for suspension of sentence. (Downloaded on 04/04/2023 at 10:31:44 PM)
(3 of 4) Heard learned counsel for the parties and perused the material available on record.
Considering the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, more particularly the fact that He is in imprisonment from the date of arrest and hearing of appeal is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge, Banswara who passed the impugned order dated 21.01.2023 in Sessions Case No. 143/2019 (CIS No.143/2019) against the appellant- applicant- Pradeep Kumar @ Pappu S/o Shanti Lal shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided he executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 05.05.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.(Downloaded on 04/04/2023 at 10:31:44 PM)
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2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.
(FARJAND ALI),J 11-divya/-(Downloaded on 04/04/2023 at 10:31:44 PM)
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