Amarchand vs State Of Rajasthan
2022 Latest Caselaw 14389 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1521/2022

Amarchand S/o Shri Mangilal, aged about 32 years, R/o Padaga, Police Station Bhinay, District Ajmer (Raj.). (Presently confined at District Jail, Jaisalmer)

----Petitioner Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

07/12/2022

Heard.

Admit. Issue notice. Learned Public Prosecutor accepts the

notice.

Call for the record.

Heard learned counsel for the petitioner and the learned

public prosecutor on application seeking suspension of sentence.

Perused the judgments impugned.

Learned counsel for the accused-petitioner submits that

there is serious infirmity and material contradiction in respect of

the fact that whether the petitioner was in exclusive and conscious

possession of the alleged liquor or not. There are several flaws on

which the judgment of conviction is not sustainable. The impugned

judgment and order is otherwise questionable on the point of

(2 of 2) [CRLR-1521/2022]

sentence. It is further submitted that the petitioner has been

convicted for the offences under Sections 19/54, 14/54 and 57 of

the Excise Act and sentenced to maximum period of three years

with fine. The petitioner was on bail during trial and pendency of

appeal.

Learned Public Prosecutor vehemently opposed the prayer

regarding suspension of sentence.

Without commenting upon the merits of the case, having

considered the submissions advanced and totality of facts and

circumstances of the case, looking to the short sentence, I deem it

just and proper to suspend the sentence awarded to the accused-

petitioner.

Accordingly, the bail application for suspension of sentence is

allowed and it is ordered that the sentence passed by learned

Chief Judicial Magistrate, Jaisalmer vide judgment dated

22.10.2016 in Criminal Case No. 310/2016 and affirmed by the

learned Sessions Judge, Jaisalmer vide judgment dated

25.11.2022 passed in criminal appeal no. 41/2016 against the

accused-petitioner Amarchand S/o Mangilal shall remain

suspended till final disposal of present petition provided he

executes a personal bond in the sum of Rs.1.0 lac along with two

sureties of Rs. 50,000/- each to the satisfaction of the trial court

for his appearance in this court on 24.1.2023 and as and when

called upon to do so.

(FARJAND ALI),J RP/-

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