Rajasthan High Court
Suresh Meena Son Of Motiram vs State Of Rajasthan (2024:Rj-Jp:37957) on 6 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:37957]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1344/2024
IN
S.B. Criminal Appeal No.1975/2024
Suresh Meena Son Of Motiram, Aged About 40 Years, Resident
Of Khanpur, Police Station, Sadar Badi, District Dholpur
(Rajasthan). (Presently Confined In District Jail, Dholpur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Umesh Kumar Sharma For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/09/2024
1. Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of execution of sentence. Perused the material available on record.
2. The applicant-appellant herein has been convicted for offence under Section 307 of IPC vide judgment dated 06.08.2024 passed by learned Additional Sessions Judge Badi, District Dholpur (Raj.) in Sessions Case No.101/2014 and has been sentenced to maximum punishment of seven years.
3. Learned counsel for the applicant submits that learned trial court has erred in convicting and sentencing the applicant as mentioned above. Learned trial court has not appreciated the evidence in right and correct perspective. Counsel submits that cross cases have been registered between the parties. He submits (Downloaded on 27/09/2024 at 10:52:09 PM) [2024:RJ-JP:37957] (2 of 3) [SOSA-1344/2024] that complainant has also been convicted for the offence under Section 325 of IPC. It is further submitted that during trial, applicant was on bail and he did not misuse the liberty of bail. Counsel submits that maximum term of sentence is seven years. He argues that there is no immediate prospect of early hearing and disposal of the appeal.
4. Learned Public Prosecutor opposes submissions made by the learned counsel for appellant.
5. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances as available on the record, especially the fact that cross cases have been registered between the parties and complainant has also been convicted under Section 325 of IPC; during trial appellant was on bail and hearing of appeal would take long time, but without making any comment on the merits/demerits of the case, this Court is of the opinion that the appellant has available to him strong grounds to assail the impugned judgment of conviction and sentence. Thus, it is a fit case for suspending the sentences awarded to the accused appellant during pendency of the instant appeal.
6. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge Badi, District Dholpur (Raj.) vide judgment dated 06.08.2024 in Sessions Case No.101/2014 against the appellant-applicant Suresh Meena Son Of Motiram shall remain suspended till final (Downloaded on 27/09/2024 at 10:52:09 PM) [2024:RJ-JP:37957] (3 of 3) [SOSA-1344/2024] 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 10.10.2024 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.
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 address(s), he will give in writing their changed address to the trial Court.
7. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant was 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 does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /103 (Downloaded on 27/09/2024 at 10:52:09 PM) Powered by TCPDF (www.tcpdf.org)