Rajasthan High Court - Jodhpur
Narayan Lal vs State Of Rajasthan on 11 August, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-
PUR
S.B. Criminal Misc. Suspension of Sentence Application
No.969/2023
In
S.B. Criminal Appeal No. 1577/2023
Narayan Lal S/o Late Shri Leharu Lal, Aged About 27 Years, R/o
Village Kothariya, Police Station Nathdwara, Distt. Rajsamand.
(Presently Lodged In District Jail, Rajsamand)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Ranjeet Singh Chouhan
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
02.08.2023 passed by the learned Additional Sessions Judge,
Nathdawara, District Rajsamand in Sessions Case No.18/2018
whereby he was convicted and sentenced to suffer imprisonment
of five years' rigorous imprisonment along with a fine of
Rs.20,000/- under Section 306 of IPC.
2. It is contended on behalf of the applicant that the learned
trial Judge has not appreciated the correct, legal and factual as-
pects of the matter and thus, reached at an erroneous conclusion
of guilt, therefore, the same is required to be appreciated again by
(2 of 3)
this court being the first appellate Court. 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 op-
posed the prayer made on behalf of the accused-applicant for re-
leasing the appellant on application for suspension of sentence.
4. Heard learned counsel for the parties.
5. The submission made by learned counsel for the appellant
seems worth considerable that neither the action of the accused
nor the circumstances created were sufficient enough to bring
home the guilt under Section 306 of IPC.
6. Considering the submissions of learned counsel for the par-
ties 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 ac-
cused-appellant.
7. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the sen-
tence passed by learned Additional Sessions Judge, Nathdawara,
District Rajsamand who passed the impugned order dated
(3 of 3)
02.08.2023 in Sessions Case No.18/2018 against the appellant-
applicant- Narayan Lal S/o Late Shri Leharu Lal 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 satis-
faction 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
216-divya/-
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