Ramanlal vs State Of Rajasthan
2023 Latest Caselaw 5474 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application for Suspension of Sentence No.380/2022 IN S.B. Criminal Revision Petition No. 1148/2022

Ramanlal S/o Raghunath, Aged About 45 Years, R/o Rampura Kheda Ps Revdar Dist. Sirohi

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

----Respondent

For Petitioner(s) : Mr. Jaideep Singh Saluja For Respondent(s) : Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE FARJAND ALI Order

01/08/2023

1. The instant application for suspension of sentence has been

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

22.05.2019 passed by the learned Judicial Magistrate, Revdar,

District Sirohi in Regular Criminal Case No.318/2016 (CIS

No.857/2016), whereby he was convicted and sentenced to suffer

one year simple imprisonment and to pay fine to the tune of

Rs.10,000/- in default of payment of fine, to further undergo one

month simple imprisonment under Section 19/54 read with

Section 66 of the Rajasthan Excise Act.

2. Learned counsel for the applicant submits 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 and hearing of the revision is likely

(2 of 3)

to take long time, therefore, the application for suspension of

sentence may be granted.

3. Per contra, learned PP 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 petitioner as well as learned

Public Prosecutor 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 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.

6. Accordingly, the application for suspension of sentence filed

under Section 397 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Judicial Magistrate, Revdar, District

Sirohi in Regular Criminal Case No.318/2016 (CIS No.857/2016

against the petitioner-applicant Ramanlal S/o Raghunath 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 04.09.2023 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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 253-AnilKC/-

Powered by TCPDF (www.tcpdf.org)