Jaikaran @ J.P vs State Of Rajasthan
2023 Latest Caselaw 3747 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.102/2023

in

S.B. Criminal Revision Petition No. 449/2023

Jaikaran @ J.p. S/o Shishpal, Aged About 54 Years, Baramsar At Present R/o Dhani Chak 9 Am Teh. Rawatsar, Dist. Hanumangarh (Raj.). (Lodged In Sub Jail, Nohar).

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

----Respondent

For Petitioner(s) : Mr. Vinod Kumar Sihag For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

27/04/2023

1. The instant application for suspension of sentence has been

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

01.03.2021 passed by the learned Judicial Magistrate, Rawatsar,

District Hanumangarh in Criminal Case No.24-ka/2012 (CIS

No.1551/2014), whereby he was convicted and sentenced to

suffer simple imprisonment of 1 year for the offence under Section

3/25 (1-b)(a) of the Arms Act.

2. Learned counsel for the petitioner submits that the learned

trial court as well as the learned appellate court has committed an

error of law in appreciating the evidence brought on record,

therefore, the material would be required to be appreciated again.

The petitioner was on bail during trial and during the course of

(2 of 3)

appeal. Hearing of the revision petition would likely take long

time.

3. Heard learned counsel for the petitioner, learned Public

Prosecutor and perused the material available on record.

4. Upon consideration of the grounds raised in the memo of the

revision, 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 appeal 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.

5. 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, Rawatsar, District

Hanumangarh in Criminal Case No.24-Ka/2012 (CIS

No.1551/2014) against the petitioner-applicant Jaikaran @ J.P. S/o

Shishpal 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 29.05.2023 and whenever ordered

to do so till the disposal of the revision on the conditions indicated

below:-

(3 of 3)

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 address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 32-Pramod/-

Powered by TCPDF (www.tcpdf.org)