Harish vs State Of Rajasthan
2023 Latest Caselaw 2748 Raj

Citation : 2023 Latest Caselaw 2748 Raj
Judgement Date : 5 April, 2023

Rajasthan High Court - Jodhpur

Harish vs State Of Rajasthan on 5 April, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension Of Sentence Application No. 309/2022 In S.B. Criminal Appeal No. 411/2022

Harish S/o Sh. Gautam, Aged About 33 Years, Mangelapada (Koytipada), Khamera Police Station, Banswara, Dist. Banswara. (Lodged In Dist. Jail, Banswara).

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


For Appellant(s)          :     Mr. Bhawani 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

01.04.2022 passed by the learned Sessions Judge, Banswara in

Sessions Case No.2/2017 whereby he was convicted and

sentenced to suffer maximum imprisonment of ten years' rigorous

imprisonment along with a fine of Rs.25,000/- under Section 307

of IPC and lesser punishment for the other offences under

Sections 341 and 504 of IPC.

Learned counsel for the appellant submits that that there

was no premeditation and pre-concert to make an assault over the

victim rather it happened in a spur of moment and the appellant

was not having any intention to kill the victim Rajmal. Thus, no

case under Section 307 of IPC is made out and the case of the

prosecution would not travel beyond the Section 324 of the IPC.

He further submits that the learned trial Judge has not

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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. Hearing of the appeal 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 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 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. The matter requires

consideration, thus, this court is of the opinion that it is a fit case

for suspending the sentence awarded to the accused-appellant.

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 Sessions Judge, Banswara who

passed the impugned order dated 01.04.2022 in Sessions Case

No. 2/2017 against the appellant-applicant- Harish S/o Sh.

Gautam shall remain suspended till final disposal of the aforesaid

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appeal 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 05.05.2023 and whenever ordered

to do so till the disposal of the appeal 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.

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.