Nirbhay Singh vs State Of Rajasthan
2023 Latest Caselaw 5611 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.920/2023

IN

S.B. Criminal Appeal No. 1520/2023

1. Nirbhay Singh S/o Shambhu Singh, Aged About 47 Years, R/o Kharndiya, Police Station Rajnagar, District Rajsamand. (At Present Lodged District Jail, Rajsamand)

2. Unkar Singh S/o Shambhu Singh, Aged About 38 Years, R/o Kharndiya, Police Station Rajnagar, District Rajsamand. (At Present Lodged District Jail, Rajsamand)

3. Arjun Singh @ Pappu Singh S/o Ram Singh, Aged About 35 Years, R/o Kharndiya, Police Station Rajnagar, District Rajsamand. (At Present Lodged District Jail, Rajsamand)

----Appellants Versus

1. State Of Rajasthan, Through PP

2. Devilal S/o Gokal Ji, R/o Boraj Kheda, Rajnagar, District Rajsamand.

----Respondents

For Appellant(s) : Mr. Abhishek Mehta 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 01.08.2023 passed by learned Special Judge, SC/ST

(Prevention of Atrocities) Cases, Rajsamand in Sessions Case

(SC/ST) No.05/2021 whereby they were convicted and

sentenced to suffer maximum punishment of five years

(2 of 4) [SOSA-920/2023]

simple imprisonment along with compensation fine of

Rs.10,000/- under Section 3(1)(S)(p) SC and ST (Prevention

of Atrocities) Act and lesser punishment for the other

offences punishable under Section 341/34, 323/34, 342/34

of IPC and Section 3(2)(va) of SC/ST Act.

2. Shri Abhishek Mehta, learned counsel for the petitioners

submits that the prosecution was not launched with honesty

which is very much evident from the bare perusal of the

F.I.R. itself wherein no cause or causation has been shown

with regard to the happening of incident. He submits that in

fact, the victim Devi Lal was accused of stealing a Motor

Cycle for which a criminal case under Section 379 of the IPC

was lodged. There was no occasion for the appellants to

humiliate or intimidate the victim on account of his being a

member of SC category. He further urges that the truth and

falsehood have been intermingled in this case so deeply that

for the purpose of separating grains from the chaff, the

entire evidence has to be discussed and appreciated again by

this Court being the first appellate Court. Hearing of the

appeal 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 by learned counsel for

the accused-applicants for releasing the appellant on

application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

(3 of 4) [SOSA-920/2023]

5. Upon consideration of 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

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-appellants.

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, SC/ST

(Prevention of Atrocities) Cases, Rajsamand in Sessions Case

(SC/ST) No.05/2021 against the appellants-applicants-

Nirbhay Singh S/o Shambhu Singh, Unkar Singh S/o

Shambhu Singh, Arjun Singh @ Pappu Singh S/o Ram

Singh shall remain suspended till final disposal of the

aforesaid appeal 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 appeal 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.

(4 of 4) [SOSA-920/2023]

(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 238-Ashutosh/-

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