Rajasthan High Court - Jodhpur
Dhanna vs State Of Rajasthan on 24 August, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.1055/2023
IN
S.B. Criminal Appeal No. 1705/2023
1. Dhanna S/o Sh. Johan, Aged About 38 Years, Kaliya
Aambapal, P.S. Devgarh, Dist. Pratapgarh, Rajasthan.
(At Present Lodged In Central Jail, Udaipur).
2. Havji S/o Sh. Johan, Aged About 35 Years, Kaliya
Aambapal, P.S. Devgarh, Dist. Pratapgarh, Rajasthan.
(At Present Lodged In Central Jail, Udaipur).
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Vijay Kumar Gour
For Respondent(s) : Mr. Gourav Singh, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/08/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicants in the matter of judgment
dated 18.08.2023 passed by learned Session Judge, District
Pratapgarh in Sessions Case No.37/2021 whereby the
appellants were convicted and sentenced to suffer maximum
punishment of seven years rigorous imprisonment along with
compensation fine of Rs.5,000/- under Section 363 of the
IPC.
2. It is contended that the learned trial Judge has not
appreciated the correct, legal and factual aspects of the
(2 of 3) [SOSA-1055/2023]
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 Additional Government Advocate has
vehemently opposed the prayer made by learned counsel for
the accused-applicants 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 fact that the appellants have been acquitted
from the charges under Section 366 of the IPC and is
convicted under Section 363 of the IPC which is a bailable
offence as well as taking into account the fact that the entire
evidence would be required to be appreciated again. In view
of the above and considering the facts that 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.
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, District
Pratapgarh in Sessions Case No.37/2021 against the
appellants-applicants- Dhanna S/o Sh. Johan and Havji
(3 of 3) [SOSA-1055/2023]
S/o Sh. Johan 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 26.09.2023 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
288-Ashutosh/-
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