Rajasthan High Court - Jodhpur
Babu @ Abdul Hamid vs State Of Rajasthan on 10 August, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.272/2023
In
S.B. Criminal Revision Petition No. 986/2023
Babu @ Abdul Hamid S/o Sh. Abdul Haq, Aged About 54 Years,
B/c Musalman, R/o Behind Bihari Lal Mandir, Rawto Ka Bas,
Jodhpur (Presently Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Ms. Geeta Shrimali
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/08/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
12.04.2012 passed by the learned Metropolitan Magistrate,
Jodhpur Metropolitan in Criminal Regular Case No.292/2007
whereby he was convicted and sentenced to suffer maximum
imprisonment of two years' rigorous imprisonment along with a
fine of Rs.2,000/- 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
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; hearing of the revision is likely to
(2 of 3)
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 learned counsel for the parties 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 Metropolitan Magistrate, Jodhpur
Metropolitan who passed the impugned order dated 12.04.2012 in
Criminal Regular Case No.292/2007 against the petitioner-
applicant- Babu @ Abdul Hamid S/o Sh. Abdul Haq shall
remain suspended till final disposal of the aforesaid revision 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
(3 of 3)
court on 11.09.2023 and whenever ordered to do so till the
disposal of the revision 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 addresses, they
will give in writing their changed address to the trial
Court.
(FARJAND ALI),J
19-divya/-
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