Rajasthan High Court - Jodhpur
Ratan Bhai vs State Of Rajasthan on 5 April, 2023
Bench: Farjand Ali
[2023/RJJD/008901]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crl. Application for Suspension of Sentence Application
No.80/2023
IN
S.B. Criminal Revision Petition No. 362/2023
Ratan Bhai S/o Chuna Bhai, Aged About 43 Years, Samarwada,
P.S. Dhanera, Guj. (Presently Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. R.R. Ankiya
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/04/2023
The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
21.01.2020 passed by the learned Additional Chief Judicial
Magistrate, Sanchore, District Jalore in Criminal Regular Case
No.564/2012 (CIS No.2527/2014) whereby he was convicted and
sentenced to suffer maximum imprisonment of 1 year under
Section 304 of IPC and lesser punishment for the other offences
under Sections 337, 279 of IPC alongwith Sections 184, 185 of MV
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
[2023/RJJD/008901] (2 of 3) [SOSR-80/2023]
appreciated again by this court being the first appellate Court.
Hearing of the revision petition is likely to take 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 accused-
applicant for releasing the petitioner on application for suspension
of sentence.
Heard learned counsel for the parties and perused the
material available on record.
Upon consideration of the submissions and looking to the
totality of facts and circumstances of the case, more particularly
the facts that hearing of revision petition 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 petition, this court is of the opinion that
it is a fit case for suspending the sentence awarded to the
accused-petitioner. Accordingly, the application for suspension of
sentence filed under Section 397/401 Cr.P.C. is allowed and it is
ordered that the sentence passed by learned Additional Chief
Judicial Magistrate, Sanchore, District Jalore in Criminal Regular
Case No.564/2012 (CIS No.2527/2014) against the petitioner-
applicant- Ratan Bhai S/o Chuna Bhai shall remain suspended
till final disposal of the aforesaid revision petition and he shall be
released on bail provided he executes a personal bond in the sum
[2023/RJJD/008901] (3 of 3) [SOSR-80/2023]
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 05.05.2023 and whenever ordered to do so till the
disposal of the revision petition on the conditions indicated
below:-
1. That he will appear before the trial Court in the
month of January of every year till the revision
petition 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 addresses,
they will give in writing their changed address to
the trial Court.
(FARJAND ALI),J
1-Divya/-
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