Rajasthan High Court - Jodhpur
Laxman vs State Of Rajasthan on 26 November, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Misc. Suspension of Sentence Application
(Appeal) No. 773/2021
Laxman S/o Bhawar Lal, aged about 40 years, R/o Sameliya
Mahadev, Police Station Mangalvaad, District Chittorgarh.
(At present lodged in Chittorgarh Jail)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
26/11/2021
The petitioner has been convicted and sentenced as below
vide Judgment dated 26.08.2021 passed by Additional Sessions
Judge No. 1, Nimbahera Camp Badi Sadari, District Chittorgarh in
Sessions Case No.3/2017 :-
Offence Sentences Fine Fine Default
sentences
u/s 354 IPC 1 year RI Rs. 5,000/- 15 days SI
u/s 307 IPC 10 years RI Rs. 25,000/- 1 month SI
The petitioner has moved this application under Section 389
Cr.P.C. seeking suspension of sentences awarded to him by the
trial court.
Learned Public Prosecutor has not chosen to file reply to the
application for suspension of sentences and proposes to argue the
matter orally.
(2 of 3) [SOSA-773/2021]
Heard learned counsel for the petitioner and learned Public
Prosecutor and perused impugned judgment and original record of
the case.
Learned counsel for the petitioner submits that only one
injury has been caused to the victim. No repeated injury has been
inflicted by the petitioner. There is no criminal antecedents
against the petitioner. The petitioner has already served more
than 5 years and 1 month sentences awarded to him by the trial
court. The petitioner has available to him strong grounds to assail
his conviction under Section 307 IPC. The hearing of appeal will
take sufficient time. In the above circumstances, learned counsel
prays to allow this application for suspension of sentences.
On the other hand, learned Public Prosecutor has opposed
the application for suspension of sentences.
Having regard to the submissions made at the Bar and after
perusal of the record as also considering the facts and
circumstances of the case more particularly the fact that the
petitioner has served more than 5 years and 1 month sentences,
which is more than 50% of total sentences awarded to him by the
trial court as also number of injury sustained by the victim,
without commenting on the merits of the case, this Court is
inclined to accept the application for suspension of sentences and
to release the petitioner on bail during pendency of the appeal
subject to depositing 50% of the fine imposed by the trial court.
Accordingly, this application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the Additional Sessions Judge No. 1,
Nimbahera Camp Badi Sadari, District Chittorgarh vide Judgment
dated 26.08.2021 in Sessions Case No.3/2017 against the
(3 of 3) [SOSA-773/2021]
petitioner-applicant - Laxman S/o Bhawar Lal, shall remain
suspended till final disposal of the aforesaid appeal and he shall be
released on bail subject to his depositing 50% of the fine imposed
by the trial court and 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 trial Judge for his appearance in this Court on
20.12.2021 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),
they will give in writing their changed address to
the trial Court.
The 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 trial
Judge shall report the matter to the High Court for cancellation of
bail.
(RAMESHWAR VYAS),J
43-Inder/-
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