Ramniwas vs State Of Rajasthan
2023 Latest Caselaw 5612 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.915/2023

IN

S.B. Criminal Appeal No. 1484/2023

1. Ramniwas S/o Shri Sohan Lal, Aged About 32 Years, R/o Gandheli, Tehsil Rawatsar, District Hanumangarh, Rajasthan.

2. Mohar Singh S/o Shri Dhunkal Ram, Aged About 49 Years, R/o Gandheli, Tehsil Rawatsar, District Hanumangarh, Rajasthan.

3. Gandhiram @ Shishpal S/o Shri Jagdish, Aged About 42 Years, R/o Gandheli, Tehsil Rawatsar, District Hanumangarh, Rajasthan.

4. Mahendra Singh S/o Shri Jagdish, Aged About 44 Years, R/o Gandheli, Tehsil Rawatsar, District Hanumangarh, Rajasthan.

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

----Respondent

For Appellant(s) : Mr. Vinod Kumar Sihag 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 15.07.2023 passed by learned Additional Sessions

Judge, No.1, Nohar, District Hanumangarh in Sessions Case

No.25/2016 (CIS No.148/2016) whereby they were convicted

(2 of 3) [SOSA-915/2023]

and sentenced to suffer maximum punishment of two years

simple imprisonment along with compensation fine of

Rs.10,000/- under Section 365/34 of IPC as well as 325/34

of IPC and lesser punishment for the other offences

punishable under Section 323/34 and 341 of IPC.

2. It is contended 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. 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.

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.

(3 of 3) [SOSA-915/2023]

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 Additional Sessions Judge,

No.1, Nohar, District Hanumangarh in Sessions Case

No.25/2016 (CIS No.148/2016) against the appellants-

applicants- Ramniwas S/o Shri Sohan Lal, Mohar Singh

S/o Shri Dhunkal Ram, Gandhiram @ Shishpal S/o Shri

Jagdish, Mahendra Singh S/o Shri Jagdish 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.

(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 235-Ashutosh/-

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