Jhala Ram vs State Of Rajasthan
2023 Latest Caselaw 6125 Raj

Citation : 2023 Latest Caselaw 6125 Raj
Judgement Date : 19 August, 2023

Rajasthan High Court - Jodhpur

Jhala Ram vs State Of Rajasthan on 19 August, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 933/2023

1. Jhala Ram S/o Sh. Ukaji, Aged About 50 Years, Meda Uparla, P.s. Bagra, Dist. Jalore. (Presently Lodged In Dist. Jail, Jalore).

2. Khasa Ram S/o Sh. Ukaji, Aged About 56 Years, Meda Uparla, P.s. Bagra, Dist. Jalore. (Presently Lodged In Dist. Jail, Jalore).

3. Vasna Ram S/o Sh. Khasa Ram, Aged About 26 Years, Meda Uparla, P.s. Bagra, Dist. Jalore. (Presently Lodged In Dist. Jail, Jalore).

4. Suja Ram S/o Sh. Bala Ram, Aged About 38 Years, Meda Uparla, P.s. Bagra, Dist. Jalore. (Presently Lodged In Dist. Jail, Jalore).

5. Teja Ram S/o Sh. Vaja Ram, Aged About 25 Years, Meda Uparla, P.s. Bagra, Dist. Jalore. (Presently Lodged In Dist. Jail, Jalore).

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


For Petitioner(s)         :    Mr. Rakesh Arora
For Respondent(s)         :    Mr. S.K. Bhati, P.P.


          HON'BLE MR. JUSTICE FARJAND ALI
                       Order
19/08/2023

1. The instant application for suspension of sentence has been

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

04.08.2023 passed by the learned Additional Sessions Judge,

Jalore in Sessions Case No.131/2021 whereby they were convicted

and sentenced to suffer maximum imprisonment of seven years'

simple imprisonment along with a fine of Rs.2,000/- under Section

452 of IPC as well as under Section 325/149 of IPC and lesser

(2 of 3) [SOSA-933/2023]

punishment for the other offences under Sections 148 and

323/149 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.

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. Section 325 of IPC prescribes seven years maximum

imprisonment which has been awarded in this case to the

appellants. A perusal of the order of sentence dated 04.08.2023

revealing that no satisfactory explanation or reasoning has been

given as to why the maximum punishment should be awarded,

thus, this Court deems it appropriate to interfere in this matter.

6. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, 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

(3 of 3) [SOSA-933/2023]

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 Sessions Judge, Jalore who

passed the impugned order dated 04.08.2023 in Sessions Case

No. 131/2021 against the appellant-applicants- Jhala Ram S/o

Sh. Ukaji, Khasa Ram S/o Sh. Ukaji, Vasna Ram S/o Sh.

Khasa Ram, Suja Ram S/o Sh. Bala Ram and Teja Ram S/o

Sh. Vaja Ram 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 19.09.2023 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.