HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.1278/2023 In S.B. Criminal Appeal (Sb) No. 2124/2023
1. Suresh @ Udiya S/o Rava, Aged About 20 Years, R/o 273, Avari Mata Kachhi Basti, Ps Hiranmagri, Dist. Udaipur. (At Present Lodged In Central Jail, Udaipur)
2. Amar Lal S/o Rava, Aged About 27 Years, R/o 273, Avari Mata Kachhi Basti, P.s. Hiranmagri, District Udaipur. (At Present Lodged In Central Jail, Udaipur)
----Appellants Versus State Of Rajasthan, Through PP
----Respondent For Appellant(s) : Mr. Rajendra Singh Chouhan For Respondent(s) : Mr. Abhishek Purohit, AGA HON'BLE MR. JUSTICE FARJAND ALI Order 01/11/2023
1. The instant application for suspension of sentence has been moved on behalf of the applicants in the matter of judgment dated 08.06.2023 passed by the learned Additional Sessions Judge No.2, District Udaipur in Sessions Case No.182/2020 whereby they were convicted and sentenced to suffer one year's simple imprisonment along with a fine of Rs.1,000/- under Section 324/34 of IPC.
2. 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 (Downloaded on 11/11/2023 at 03:36:52 PM) (2 of 3) conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. They were on bail during trial and did not misuse the liberty so granted to them; hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
3. Per contra, learned Additional Government Advocate has vehemently opposed the prayer made on behalf of the accused- applicants for releasing the appellants on application for suspension of sentence.
4. Heard learned counsel for the parties and perused the material available on record.
5. Considering the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, more particularly the facts that the accused-appellants were on bail during the course of trial and the 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.
6. 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 No.2, District Udaipur who passed the impugned order 08.06.2023 in (Downloaded on 11/11/2023 at 03:36:52 PM) (3 of 3) Sessions Case No. Sessions Case No.182/2020 against the appellant-applicants- Suresh @ Udiya S/o Rava and Amar Lal S/o Rava 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 01.12.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
(1) That they will appear before the trial Court in the month of January of every year till the appeal is decided.
(2) That if the applicants change 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 52-divya/-
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