Chandrapaliya vs State Of Rajasthan
2023 Latest Caselaw 2643 Raj

Citation : 2023 Latest Caselaw 2643 Raj
Judgement Date : 4 April, 2023

Rajasthan High Court - Jodhpur

Chandrapaliya vs State Of Rajasthan on 4 April, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Application for Suspension Of Sentence

No. 245/2023 In

S.B. Criminal Appeal No. 333/2023

1. Chandrapaliya S/o Sh. Amariya, Aged About 34 Years, B/c Kanjar R/o Rayata, P.s. Begun, Dist. Chittorgarh. (At Present In Judicial Custody In Udaipur Jail).

2. Shambhu Lal @ Bhambhudiya S/o Sh. Dhanna Kanjar, Aged About 43 Years, B/c Kanjar R/o Rayata, P.s. Begun, Dist. Chittorgarh. (At Present In Judicial Custody In Udaipur Jail).

3. Ganiya S/o Sh. Dhanna Kanjar, Aged About 57 Years, B/c Kanjar R/o Rayata, P.s. Begun, Dist. Chittorgarh. (At Present In Judicial Custody In Udaipur Jail).

4. Vishnu S/o Sh. Faujiya, Aged About 48 Years, B/c Kanjar R/o Meghniwas, P.s. Begun, Dist. Chittorgarh. (At Present In Judicial Custody In Udaipur Jail).

5. Suresh @ Sureshiya S/o Sh. Rewaliya, Aged About 46 Years, B/c Kanjar R/o Rayata, P.s. Begun, Dist. Chittorgarh. (At Present In Judicial Custody In Udaipur Jail).

                                                                      ----Appellants
                                     Versus
State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Appellant(s)           :     Mr. Anil Vyas
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 applicants in the matter of judgment dated

(2 of 4)

14.02.2023 passed by the learned Additional District & Sessions

Judge, Begun, District Chittorgarh in Sessions Case No.04/21

(22/2010) whereby they were convicted and sentenced to suffer

maximum imprisonment of ten years' rigorous imprisonment along

with a fine of Rs.10,000/- under Section 399 of IPC and lesser

punishment for the other offences under Sections 402, 332 and

353 of IPC and appellant Chandrapaiya sentenced under

Section4/25 of Arms Act.

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

appreciated again by this court being the first appellate Court.

Learned counsel for the appellants further submits that the

prosecution has utterly failed to establish the fact that the

appellants were making preparation for committing dacoity or they

made an attempt to commit the offence, rather the entire case of

the prosecution hinges upon the anticipation of the Police Officers.

In fact no active role of the accused has been shown at the time of

their apprehension. They were not found at the place where the

projected dacoity was about to be committed. The learned trial

Court has failed to appreciate the correct, legal and factual aspect

of the matter and thus, committed an error of law and fact in

reaching on finding of guilt. He further submits that at the best,

the offence committed by the accused shall not go beyond Section

3/25 of the Arms Act. Hearing of the appeal is likely to take long

(3 of 4)

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.

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 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-appellants.

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 District & Sessions Judge,

Begun, District Chittorgarh who passed the impugned order dated

14.02.2023 in Sessions Case No. 04/21 (22/2010) against the

appellant-applicants-Chandrapaliya S/o Sh. Amariya, Shambhu Lal

@ Bhambhudiya S/o Sh. Dhanna Kanjar, Ganiya S/o Sh. Dhanna

Kanjar, Vishnu S/o Sh. Faujiya and Suresh @ Sureshiya S/o Sh.

Rewaliya shall remain suspended till final disposal of the aforesaid

appeal and they shall be released on bail provided each of them

(4 of 4)

execute 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 their 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 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, they will give in writing their changed addresses to the trial Court as well as to the counsel in the High Court.