Mahendra Kumar vs State Of Rajasthan
2023 Latest Caselaw 3201 Raj

[2023/RJJD/010616]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence No.91/2023

IN

S.B. Criminal Revision Petition No. 409/2023

Mahendra Kumar S/o Shri Chunni Lal Keer, Aged About 48 Years, R/o Keeron-Ki-Dhani, Manpura Bhakhari, P.s. Kotwali Pali, District Pali (Rajasthan) (Presently Lodged In District Jail, Pali)

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

----Respondent

For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : Mr. Gourav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/04/2023

The instant application for suspension of sentence has been

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

13.09.2022 passed by the learned Judicial Magistrate, Pali in

Criminal Regular Case No.249/2019 whereby he was convicted

and sentenced to suffer maximum imprisonment of 1 year simple

imprisonment along with fine of Rs.500/-under Section 304-A of

IPC and lesser punishment for other offence under Section 279 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. Hearing of the revision petition is

[2023/RJJD/010616] (2 of 3) [SOSR-91/2023]

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.

Upon consideration of the submissions of learned counsel for

the parties and looking to the totality of facts and circumstances

of the case, more particularly the facts, 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 petition, this

Court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused-petitioners.

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 Judicial Magistrate, Pali in Criminal

Regular Case No.249/2019 against the petitioner-applicant-

Mahendra Kumar S/o Shri Chunni Lal Keer shall remain

suspended till final disposal of the aforesaid revision petition and

he shall be released on bail provided each 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 18.05.2023 and whenever ordered to

[2023/RJJD/010616] (3 of 3) [SOSR-91/2023]

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 is decided.

2. That if the applicant change the place of residence, he will give in writing his changed addresses 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 162-Ashutosh/-

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