Rajasthan High Court - Jodhpur
Sanjay vs State Of Rajasthan on 1 August, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 563/2023
Sanjay S/o Shankar Lal, Aged About 31 Years, R/o Thana Phala
Reda Police Thana Kotwali Dungarpur, District Dungarpur. (At
Present Lodged In Dist. Jail, Dungarpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. S.S. Rajpurohit, 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
08.05.2023 passed by the learned Additional Session Judge
Dungarpur in Criminal (Session) Case No.14/2020 whereby he
was convicted and sentenced to suffer maximum imprisonment of
seven years' rigorous imprisonment along with a fine of
Rs.5,000/- under Section 329/34 of IPC and lesser punishment for
the other offences under Sections 447 and 427 of IPC.
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
appreciated again by this court being the first appellate Court;
(2 of 3) [SOSA-563/2023]
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. It appears that there was no previous animosity and the co-
accused of this case, who was in an inebriated condition,
demanded money from the victim. The grievous injury caused to
the victim is on his leg. Prima facie, it is appearing that the
principle dispute was not with the apellant.
6. Hence, considering the submissions of learned counsel for
the parties and looking to the totality of facts and circumstances
of the case, 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.
7. 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 Additional Session Judge Dungarpur
who passed the impugned order dated 08.05.2023 in Criminal
(Session) Case No.14/2020 against the appellant-applicant-
(3 of 3) [SOSA-563/2023]
Sanjay S/o Shankar Lal 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
73-divya/-
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