Shanti Lal vs State Of Rajasthan
2023 Latest Caselaw 5478 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.877/2023

In

S.B. Criminal Appeal No. 1426/2023

Shanti Lal S/o Amarchand Jain, Aged About 57 Years, R/o Banoda Thana Salumbar, District Udaipur. (Sentence Already Suspended)

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

----Respondent

For Appellant(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Abhishek Purohit, AGA

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

12.07.2023 passed by the learned Special Judge of (Electricity

Act) Additional Session Judge No.01, Udaipur in Criminal Regular

Case No.21/2018 (CIS No.21/2018) whereby he was convicted

and sentenced to suffer imprisonment of one year's simple

imprisonment under Section 135 of Electricity 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

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

(2 of 3)

appreciated again by this court being the first appellate Court. The

sentence of the accused-appellant has temporarily been

suspended by the trial court. He was on bail during trial and did

not misuse the liberty so granted to him; hearing of the appeal 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 appellant 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-appellant

was on bail during the course of trial and the hearing of appeal 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 appeal, this

court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused-appellant.

6. Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Special Judge of (Electricity Act)

Additional Session Judge No.01, Udaipur who passed the

impugned order 12.07.2023 in Criminal Regular Case No.21/2018

(3 of 3)

(CIS No.21/2018) against the appellant-applicant- Shanti Lal S/o

Amarchand Jain shall remain suspended till final disposal of the

aforesaid appeal 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 01.09.2023 and

whenever ordered to do so till the disposal of the appeal 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 12-divya/-

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