Arun vs State Of Rajasthan
2023 Latest Caselaw 6028 Raj

Citation : 2023 Latest Caselaw 6028 Raj
Judgement Date : 18 August, 2023

Rajasthan High Court - Jodhpur

Arun vs State Of Rajasthan on 18 August, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Criminal Misc. Suspension of Sentence Application No.1006/2023 In S.B. Criminal Appeal No. 1615/2023

1. Arun S/o Sh. Rajkumar Yadav, Aged About 21 Years, Hudko Colony, Nimbahera, Ps Kotwali Nimbahera, Dist. Chittorgarh. (Presently Lodged In Sub Jail, Nimbahera).

2. Tarun S/o Sh. Rajkumar Yadav, Aged About 22 Years, Hudko Colony, Nimbahera, PS Kotwali Nimbahera, Dist. Chittorgarh.

                                                                     ----Appellants
                                      Versus
State Of Rajasthan, Through PP
                                                                   ----Respondent


For Appellant(s)              :   Mr. Zafar Khan
For Respondent(s)             :   Mr. Abhishek Purohit, AGA


                HON'BLE MR. JUSTICE FARJAND ALI
                             Order

18/08/2023

1. The instant application for suspension of sentence has been

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

26.07.2023 passed by the learned Additional District & Sessions

Judge No.01, Nimbahera in Sessions Case No.32/2022 whereby

whereby the appellants were convicted and sentenced as under:

Name of the Appellants Offence for which convicted Sentence and fine Arun Section 307 of IPC Three years' rigor-

ous impirosonment along with a fine of Rs.3,000/-

Tarun Section 307/34 of IPC Three years' rigor-

ousous imprison-

ment along with a fine of Rs.3,000/-

(2 of 4)

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. The

appellant No.1 is in judicial custody in connection to the Session

Case no.32/2022 and appellant No.2 is on bail during trial and his

sentence has already been suspended by the learned trial Court;

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. The parties have entered into a compromise and resolved the

dispute amicably and a compromise has been executed to this

effect between the parties and the same has been submitted

before the learned trial Court and this fact has been incorporated

in the judgment impugned dated 26.07.2023.

6. 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 appellant No.2 is on

bail during trial and his sentence has already been suspended by

the learned trial Court the hearing of appeal is likely to take

further more time and considering the overall submissions while

(3 of 4)

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.

7. 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 District & Sessions Judge

No.01, Nimbahera who passed the impugned order dated

26.07.2023 in Sessions Case No. 32/2022 against the appellant-

applicants- Arun S/o Sh. Rajkumar Yadav and Tarun S/o Sh.

Rajkumar Yadav shall 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.