Dhima Ram Bishnoi vs State Of Rajasthan
2023 Latest Caselaw 5475 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application for Suspension of Sentence No.259/2023 IN S.B. Criminal Revision Petition No. 955/2023

Dhima Ram Bishnoi S/o Bhabhut Ram, Aged About 38 Years, R/o Modathali Dhawa, Police Station Jhanwar, District Jodhpur. (At Present Lodged In Central Jail, Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Pradeep Choudhary 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

29.06.2019 passed by the learned Addl. Chief Judicial Magistrate

No.1, Jodhpur Metro in Criminal Original Case No.182/2014

(3865/15) whereby he was convicted and sentenced to suffer 1

year simple imprisonment and to pay compensation to the tune of

Rs.10,000/- in default of payment of fine to further undergo 3

months simple imprisonment under Section 304-A of IPC and

lesser amount of punishment for offence under Section 279 of IPC.

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

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appreciated again by this court and hearing of the revision is likely

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 the learned Addl. Chief Judicial Magistrate

No.1, Jodhpur Metro in Criminal Original Case No.182/2014

(3865/15) against the petitioner-applicant Dhima Ram Bishnoi

S/o Bhabhut Ram 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

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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 249-AnilKC/-

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