Rajasthan High Court - Jodhpur
Mohandan vs State Of Rajasthan on 17 August, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Applilcation (Appeal)
No.1000/2023
IN
S.B. Criminal Appeal No. 1608/2023
1. Mohandan S/o Ramudan, Aged About 39 Years, R/o Fefana
Police Station Fefana Tehsil Nohar, District Hanumangarh.
2. Sandeep S/o Om Prakash, Aged About 38 Years, R/o
Fefana Police Station Fefana Tehsil Nohar, District
Hanumangarh.
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. S.K. Bhati, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/08/2023
The instant application for suspension of sentence has been
moved on behalf of the applicants in the matter of judgment dated
21.07.2023 passed by the learned Additional Sessions Judge No.2,
Nohar District Hanumangarh in Sessions Case No.53/2023,
whereby they were convicted and sentenced to suffer maximum
imprisonment of 03 years for the offence under Section 325/34 of
IPC and lesser punishment for the other offences under Sections
341 and 323/34 of IPC.
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
(2 of 3)
conclusion of guilt, therefore, the same is required to be
appreciated again by this court being the first appellate Court. The
sentence of the accused-appellant has already been suspended by
the trial court. They were 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.
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.
Heard learned counsel for the parties and perused the
material available on record.
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-appellants
were 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-appellants. 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 Additional Sessions Judge No.2, Nohar District
Hanumangarh who passed the impugned order dated 21.07.2023
in Sessions Case No.53/2023 against the appellant-applicants-
Mohandan S/o Ramudan and Sandeep S/o Om Prakash shall
(3 of 3)
remain suspended till final disposal of the aforesaid appeal and
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 18.09.2023 and whenever
ordered to do so till the disposal of the appeal 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
239-Samvedana/-
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