Tagat Singh vs State Of Rajasthan
2023 Latest Caselaw 3587 Raj

[2023/RJJD/011905]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.98/2023

S.B. Criminal Revision Petition No. 437/2023

Tagat Singh S/o Shri Man Singh, Aged About 32 Years, R/o Village Ghingana, Ps Rohat, District Pali (Raj.) (Presently Lodged At District Jail Jalore)

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

----Respondent

For Petitioner(s) : Mr. Bhoop Singh For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/04/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 31.10.2022 passed by the learned Judicial Magistrate,

Jalore, in Criminal Original Case No.382/2016 (CIS

No.5632/2014) whereby he was convicted and sentenced to

suffer maximum imprisonment of 2 years simple

imprisonment along with fine of Rs.2000/-under Section

304-A of IPC and lesser punishment for other offences under

Sections 279 & 337 of IPC as well as Sections 134 & 187 of

MV Act.

2. 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

[2023/RJJD/011905] (2 of 3) [SOSR-98/2023]

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

appreciated again by this Court. Hearing of the revision

petition 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. 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-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 Judicial Magistrate,

Jalore, in Criminal Original Case No.382/2016 (CIS

No.5632/2014) against the petitioner-applicant- Tagat

Singh S/o Shri Man Singh 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

[2023/RJJD/011905] (3 of 3) [SOSR-98/2023]

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 25.05.2023 and whenever

ordered to 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 189-Ashutosh/-

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