Rajasthan High Court - Jodhpur
Sonu @ Sovan vs State Of Rajasthan on 4 April, 2023
Bench: Farjand Ali
[2023/RJJD/008564]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. SOS Application No.49/2023
IN
S.B. Criminal Revision Petition No. 226/2023
Sonu @ Sovan S/o Chatra, Aged About 28 Years, B/c Banjara, R/
o Gordhanpura, Police Station Bijoliya, District Bhilwara.
(Presently Lodged In Central Jail, Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhushan Singh Charan
For Respondent(s) : Mr. Anda Ram Choudhary, Public
Prosecutor
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/04/2023
The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
16.11.2018 passed by learned Judicial Magistrate, Bijoliya, District
Bhilwara in Criminal Case No.245/2018 whereby he was convicted
and sentenced to suffer maximum punishment of 2 years simple
imprisonment along with fine of Rs.5,000/- and in default addition
of 1 month simple imprisonment under Sections 457 & 380 of IPC.
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. He
was on bail during trial; hearing of the revision is likely to take
[2023/RJJD/008564] (2 of 3)
long time, therefore, the application for suspension of sentence
may be granted.
Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the petitoner on
application for suspension of sentence.
Heard and perused the material available on record.
Upon consideration of the grounds raised in the memo of the
revision, looking to the totality of facts and circumstances of the
case, more particularly the fact that the hearing of revision 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 revision, this
court is of the opinion that it is a fit case for suspending the
sentence awarded to the accused-petitioner.
Accordingly, the present application for suspension of
sentence filed under Section 397(1) Cr.P.C. is allowed and it is
ordered that the sentences passed by learned Judicial Magistrate,
Bijoliya, District Bhilwara vide judgment dated 16.11.2018 in
Criminal Case No.245/2018 against the petitioner-applicant Sonu
@ Sovan S/o Chatra remain suspended till final disposal of the
aforesaid revision and he/she/they shall be released on bail,
provided he/she/each execute a personal bond in the sum of
Rs.50,000/-with two sureties of Rs.25,000/- to the satisfaction of
the learned trial court for his/her/their appearance in this Court on
05.05.2023 and whenever ordered to do so till the disposal of the
revision on the conditions indicated below:-
[2023/RJJD/008564] (3 of 3)
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
revision is decided.
2. That if the applicant(s) change(s) the place of
residence, he/she/they will give in writing his
changed address(es) to the trial Court as well as to
the counsel in the High Court.
3. Similarly, if the sureties change their
address(es), they will give in writing their changed
address to the trial Court.
The learned trial Court shall keep the record of
attendance of the accused-applicant(s) in a separate file. Such file
be registered as Criminal Misc. Case related to original case in
which the accused-applicant(s) 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(s) does(do) not appear
before the trial court, the learned trial Judge shall report the
matter to the High Court for cancellation of bail.
(FARJAND ALI),J
132-AnilKC/-
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