Narendra Singh @ Naresh @ Nariya vs State Of Rajasthan
2023 Latest Caselaw 5814 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Bail (SOS) Application No.976/2023

in

S.B. Criminal Appeal No. 1586/2023

Babu Singh S/o Sh. Vikram Singh, Aged About 27 Years, B/c Hindu, R/o 156, Rajendra Nagar Extension, Pali Dist. Pali (Raj.). (At Present Lodged In Jail, Jodhpur).

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

----Respondent Connected With S.B. Criminal Misc. Bail (SOS) Application No.977/2023

in S.B. Criminal Appeal (Sb) No. 1587/2023 Narendra Singh @ Naresh @ Nariya S/o Sh. Ram Singh, Aged About 26 Years, B/c Hindu, R/o 156, Rajendra Nagar Extension, Pali Dist. Pali (Raj.). (At Present Lodged In Jail, Jodhpur).

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

----Respondent

For Appellant(s) : Mr. Mohan Ram Choudhary For Respondent(s) : Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

11/08/2023

1. The instant applications for suspension of sentence have

been moved on behalf of the appellant-applicants in the

matter of judgment dated 17.07.2023 passed by learned

Additional Sessions Judge, District Pali in Criminal Case

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No.24/2017 whereby the appellants have been convicted for

the offences under Sections 147, 148, 323/149, 324/149,

307/149, 459, 354/149 IPC and Section 4/25 of the Arms Act

and they have been awarded maximum sentence of 10 years

alongwith lesser sentences.

2. Learned counsel for the appellants 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 applications for suspension of sentence may

be granted.

3. Per contra, learned Public Prosecutor has vehemently

opposed the prayer made by learned counsel for the

accused-applicants for releasing the appellants on

applications for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Ex.P/17 is the MLC of victim Bhagirath, through which it is

alleged that the appellants and others made an assault over

him and he was given a sword blow. In the contrast, the

injury report does not corroborate the above fact as pleaded

by learned counsel for the appellants, which in my view is a

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point to ponder. 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 applications for suspension of sentence filed

under Section 389 Cr.P.C. are allowed and it is ordered that

the sentences passed by learned Additional Sessions Judge,

District Pali in Criminal Case No.24/2017 against the

appellants-applicants (1) Babu Singh S/o Vikram Singh and

(2) Narendra Singh @ Naresh @ Nariya 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

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

08.09.2023 and 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 change the place of residence, he will give in writing his changed

(4 of 4) [CRLAS-1586/2023]

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-Pramod/-

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