Bheemaram vs State Of Rajasthan
2023 Latest Caselaw 5531 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application for Suspension of Sentence No.253/2023 IN S.B. Criminal Revision Petition No. 936/2023

Bheemaram S/o Lakshma @ Laka Ram Devasi, Aged About 52 Years, Khod W.no. 14, Near Hanuamn Temple, P.s. Guda Endla, Teh. Rani, Dist. Pali. (At Present Lodged In Dist. Jail, Rajsamand).

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

----Respondent

For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/08/2023

1. The instant application for suspension of sentence has been

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

10.09.2015 passed by the learned Additional Chief Judicial

Magistrate, Rajsamand in Regular Criminal Case No.19/2012

whereby he was convicted and sentenced to suffer one year

simple imprisonment and to pay fine to the tune of Rs.2,000/- and

in default of payment of fine to further undergo 1 month simple

imprisonment under Section 304A of IPC and lesser amount of

punishment 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

(2 of 3)

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

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 AGA 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 Additional Chief Judicial Magistrate,

Rajsamand in Regular Criminal Case No.19/2012 against the

petitioner-applicant Bheemaram S/o Lakshma @ Laka Ram

Devasi 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

(3 of 3)

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 6-AnilKC/-

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