Ramesh vs State Of Rajasthan
2023 Latest Caselaw 5746 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.287/2023

In

S.B. Criminal Revision Petition No. 1035/2023

1. Ramesh S/o Deva, Aged About 40 Years, R/o Kali Amdi, Police Thana Sadar, District Banswara (Rajasthan) (Presently Lodged In District Jail, Banswara)

2. Khatu S/o Deva, Aged About 40 Years, R/o Kali Amdi, Police Thana Sadar, District Banswara (Rajasthan) (Presently Lodged In District Jail, Banswara)

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

----Respondent

For Petitioner(s) : Mr. Vijay Kumar For Respondent(s) : Mr. M. Khan, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

08/08/2023

1. The instant application for suspension of sentence has been

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

15.01.2018 passed by the learned Judicial Magistrate, First Class,

Bagidora in Criminal Regular Case No.553/2007 whereby they

were convicted and sentenced to suffer maximum imprisonment of

three years' rigorous imprisonment along with a fine of Rs.3,000/-

under Section 457 of IPC and lesser punishment for the other

offence under Section 380 of IPC.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

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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 are in custody

since 31.07.2023; hearing of the revision is likely to take long

time, therefore, the application for suspension of sentence may be

granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the petitioner 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, 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 397/401 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned learned Judicial Magistrate, First

Class, Bagidora who passed the impugned order dated 15.01.2018

in Criminal Regular Case No.553/2007 against the petitioner-

applicants- Ramesh S/o Deva and Khatu S/o Deva shall

remain suspended till final disposal of the aforesaid revision and

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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 08.09.2023 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 1-divya/-

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