Smt. Basanti vs State Of Rajasthan
2023 Latest Caselaw 5609 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension Of Sentence Application No.262/2023

IN

S.B. Criminal Revision Petition No. 967/2023

1. Smt. Basanti W/o Hurteng Dodiyar, Aged About 30 Years, R/o Bijalpur Sajjangarh PS Banswara Dist. Banswara (Lodged In Dist. Jail Banswara)

2. Smt. Sharda W/o Keshrimal Dodiyar, Aged About 38 Years, R/o Bojapada (Karji) Kalinjara PS Tehsil Bagidora Dist. Banswara (Lodged In Dist. Jail Banswara)

3. Smt. Nishu Maida W/o Dilip Maida, Aged About 32 Years, R/o Khematalai Banswara Sadar PS Banswara Dist. Banswara (Lodged In Dist. Jail Banswara)

4. Dinesh Chandra S/o Champa Bhuriya, Aged About 32 Years, R/o Gamaniya Hamira Sallopat PS Banswara Dist. Banswara (Lodged In Dist. Jail Banswara)

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

----Respondent

For Petitioner(s) : Mr. Bhagat Dadhich For Respondent(s) : Mr. Gourav Singh, AGA

HON'BLE MR. JUSTICE FARJAND ALI Order 04/08/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicants in the matter of judgment

dated 06.03.2019 passed by the learned Chief Judicial

Magistrate Banswara in Criminal Original Case No.207/2012

(1444/14) whereby they were convicted and sentenced to

suffer maximum punishment of five years rigorous

imprisonment along with fine of Rs.5,000/- each under

(2 of 3) [SOSR-262/2023]

Section 420 IPC as well as under Section 468 of the IPC and

lesser punishment for the other offences under Section 471

of the 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. The petitioners were on bail

during the trial and did not misuse the liberty so granted to

him; hearing of the revision is likely to take long time,

therefore, the application for suspension of sentence may be

granted.

3. Per contra, learned Additional Government Advocate has

vehemently opposed the prayer made on behalf of the

accused-applicant for releasing the petitioners on application

for suspension of sentence.

4. Heard 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-

petitioners were on bail during the course of trial and 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-petitioners.

(3 of 3) [SOSR-262/2023]

6. Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed and it is ordered

that the sentence passed by learned Chief Judicial Magistrate

Banswara in Criminal Original Case No.207/2012 (1444/14)

against the petitioners-applicants- 1. Smt. Basanti W/o

Hurteng Dodiyar, 2. Smt. Sharda W/o Keshrimal

Dodiyar, 3. Smt. Nishu Maida W/o Dilip Maida, 4.

Dinesh Chandra S/o Champa Bhuriya shall remain

suspended till final disposal of the aforesaid revision and they

shall be released on bail provided each of them execute 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 their 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:-

1. That they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicants change the place of residence, they will give in writing their changed addresses 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 17-Ashutosh/-

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