Mafaram vs State Of Rajasthan
2023 Latest Caselaw 5818 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.972/2023

In

S.B. Criminal Appeal No. 1580/2023

Mafaram S/o Svaji, Aged About 30 Years, R/o Gundwara, P.s. Mandar Dist. Sirohi. (Presently Lodged At Central Jail, Sirohi)

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

----Respondent

For Appellant(s) : Mr. Umesh Kant Vyas For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

11/08/2023

1. The instant application for suspension of sentence has been

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

19.07.2023 passed by the learned Session Judge, Sirohi in

Sessions Case No.113/2019 whereby he was convicted and

sentenced to suffer imprisonment of three years' rigorous

imprisonment along with a fine of Rs.10,000/- under Section 304

(Part - 2) 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 being the first appellate Court. He

(2 of 3)

further submits that the appellant was not directly responsible for

emission of current or electrocution meted out to the victim. The

sentence of the accused-appellant has already been suspended He

was on bail during trial and did not misuse the liberty so granted

to him; hearing of the appeal 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 appellant 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, more particularly the facts that the accused-appellant

was on bail during the course of trial and the 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 Session Judge, Sirohi who passed the

impugned order dated 19.07.2023 in Sessions Case No.113/2019

against the appellant-applicant- Mafaram S/o Svaji shall remain

(3 of 3)

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 11.09.2023 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 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 218-divya/-

Powered by TCPDF (www.tcpdf.org)