Firoz Khan vs State Of Rajasthan
2023 Latest Caselaw 5613 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.919/2023

IN

S.B. Criminal Appeal No. 1519/2023

Firoz Khan S/o Sh. Faiz Mohammed, Aged About 30 Years, 2-T/32, Shanti Nagar, Sector No. 5, Hiran Magri P.s., Udaipur, Dist. Udaipur.

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

----Respondent

For Appellant(s) : Mr. Kaushal Sharma 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 applicant in the matter of judgment

dated 09.06.2023 passed by learned Sessions Judge,

Udaipur in Sessions Case No.168/2022 whereby he was

convicted and sentenced to suffer maximum punishment of

one year simple imprisonment along with compensation fine

of Rs.5,000/- under Sections 324 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

(2 of 3) [SOSA-919/2023]

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-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. 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-appellant.

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 Sessions Judge, Udaipur in

Sessions Case No.168/2022 against the appellant-applicant

Firoz Khan S/o Sh. Faiz Mohammed 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 04.09.2023 and

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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 address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 237-Ashutosh/-

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