Kan Singh vs State Of Rajasthan
2023 Latest Caselaw 2743 Raj

[2023/RJJD/008900]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.79/2023

in

S.B. Criminal Revision Petition No. 359/2023

Kan Singh S/o Shri Balwant Singh, Aged About 48 Years, Resident Of Village Bugaon, P.s. Ramsingh, District Jalore, Rajasthan. (Presently Lodged In Sub Jail Bhinmal, Distt. Jalore).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh For Respondent(s) : Mr. Gaurav Singh, P.P.

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 25.07.2018 passed by the learned Additional Chief Judicial

Magistrate, Bhinmal, District Jalore in Criminal Case No.314/2005,

whereby he was convicted and sentenced to suffer imprisonment

of two years for the offence under Section 304-A IPC.

Learned counsel for the petitioner submits that the

learned trial court as well as the learned appellate court has

committed an error of law in appreciating the evidence brought on

record, therefore, the material would be required to be

appreciated again. The petitioner was on bail during trial and

[2023/RJJD/008900] (2 of 3) [SOSR-79/2023]

during the course of appeal. Hearing of the revision petition

would likely take long time.

Heard learned counsel for the petitioner, learned Public

Prosecutor 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 facts that the accused-petitioner

was on bail during the course of trial and appeal and 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 application for suspension of sentence

filed under Section 397(1) Cr.P.C. is allowed and it is ordered that

the sentence passed by learned Additional Chief Judicial

Magistrate, Bhinmal in Criminal Case No.314/2005 against the

petitioner-applicant Kan Singh S/o Balwant Singh shall remain

suspended till final disposal of the aforesaid revision and he shall

be released on bail 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 learned trial Judge for his appearance in this

court on 08.05.2023 and whenever ordered to do so till the

disposal of the revision 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.

[2023/RJJD/008900] (3 of 3) [SOSR-79/2023]

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.

(FARJAND ALI),J 153-Pramod/-

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