Rajasthan High Court - Jodhpur
Ratana vs State Of Rajasthan on 21 April, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.312/2021
In
S.B. Criminal Revision Petition No. 1016/2021
Ratana S/o Sh. Nathiya Adiwasi, Aged About 50 Years, Village
Jhantala Nawa Tapra P.s. Sadar Banswara, Dist. Banswara (Raj.).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. S.S. Rathore
For Respondent(s) : Mr. Gaurav Singh, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
21/04/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
16.11.2006 passed by the learned Additional Judicial Magistrate,
Banswara in Criminal Regular Case No.186/2006 whereby he was
convicted and sentenced to suffer maximum imprisonment of one
year's rigorous imprisonment along with a fine of Rs.50/- under
Sections 457 and 380 of IPC.
2. It is contended on behalf of the applicant that why the
petitioner was not entitled to get the benefit of probation, has not
been considered. The petitioner's indulgence in any other criminal
case has not been reported either in the judgment of trial Court or
in the appellate Court. He further submits that the learned trial
(2 of 3) [SOSR-312/2021]
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. He was on bail during trial and appeal and did not misuse
the liberty so granted to him; hearing of the revision is likely to
take long time, therefore, the application for suspension of
sentence may be granted.
3. 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.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Considering the submissions of learned counsel for the
parties and 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 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.
6. 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 Judicial Magistrate,
Banswara who passed the impugned order dated 16.11.2006 in
(3 of 3) [SOSR-312/2021]
Criminal Regular Case No.186/2006 against the petitioner-
applicant- Ratana S/o Sh. Nathiya Adiwasi 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 23.05.2023 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
7-divya/-
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