Rajesh Bhavsar vs State Of Rajasthan
2023 Latest Caselaw 3040 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.86/2023

In

S.B. Criminal Revision Petition No. 383/2023

Rajesh Bhavsar S/o Shri Kalidas Bhavsar, Aged About 49 Years, R/o Sharda Nagar, Gokul Legacy, Police Station Kotwali, Banswara, District Banswara (Rajasthan) (At Present Lodged In District Jail, Banswara)

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

----Respondent

For Petitioner(s) : Mr. Trilok Joshi For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

13/04/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

17.12.2021 passed by the learned Nyayadhikari, Gram Nyayalaya,

Talwara, District Banswara in Criminal Case No.83/2017 whereby

he was convicted and sentenced to suffer maximum imprisonment

of two years' simple imprisonment along with a fine of Rs.1,000/-

under Section 304-A of IPC and lesser punishment for the other

offences under Sections 279, 337 and 338 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

(2 of 3) [SOSR-86/2023]

conclusion of guilt, therefore, the same is required to be

appreciated again by this court. Hearing of the revision 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 petitioner on application for suspension of sentence.

Heard learned counsel for the parties and perused the

material available on record.

Considering the submission made by learned counsel for the

petitioner that the death was not the direct result of rash and

negligent act of the accused and 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 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 Nyayadhikari, Gram Nyayalaya,

Talwara, District Banswara who passed the impugned order dated

17.12.2021 in Criminal Case No.83/2017 against the petitioner-

applicant- Rajesh Bhavsar S/o Shri Kalidas Bhavsar shall

remain suspended till final disposal of the aforesaid revision and

(3 of 3) [SOSR-86/2023]

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 15.05.2023 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.

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 35-divya/-

Powered by TCPDF (www.tcpdf.org)