Prakash Bhartiya vs State Of Rajasthan
2023 Latest Caselaw 6529 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.212/2023

IN

S.B. Criminal Revision Petition No. 787/2023

Prakash Bhartiya S/o Rameshwar Lal, Aged About 50 Years, R/o House No. 133 Subhash Colony Bhagat Ki Kothi Jodhpur (At Present Lodged In Central Jail Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Amardeep Lamba For Respondent(s) : Mr. Abhishek Purohit, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/08/2023

The instant application for suspension of sentence has

been moved on behalf of the applicant in the matter of judgment

dated 02.03.2015 passed by the learned Additional Chief

Metropolitan Magistrate No.4, Jodhpur Metropolitan in Criminal

Original Case No.747/2011, whereby he was convicted and

sentenced to suffer imprisonment of 03 years under Section 409

of IPC alongwith a fine of Rs.20,000/-.

Learned counsel for the petitioner submits that the

learned trial court as well as the learned appellate court has

committed an error of law in appreciating the evidence brought on

record, therefore, the material would be required to be

appreciated again. Hearing of the revision petition would likely

(2 of 3)

take long time. He further submits that the petitioner is ready

and willing to deposit a sum of Rs.65,000/- with the trial court.

Learned Public Prosecutor opposes the application for

suspension of sentence.

Upon consideration of the grounds raised in the memo

of the revision, looking to the totality of facts and circumstances

of the case, more particularly the facts that the petitioner is willing

to deposit a sum of Rs.65,000/- with the trial court; the hearing of

revision 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 revision,

this court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused-petitioner.

Accordingly, the application for suspension of sentence

filed under Section 397/401 Cr.P.C. is allowed and it is ordered

that the sentence passed by learned Additional Chief Metropolitan

Magistrate No.4, Jodhpur Metropolitan in in Criminal Original Case

No.747/2011 against the petitioner-applicant Prakash Bhartiya S/o

Rameshwar Lal shall remain suspended till final disposal of the

aforesaid revision and he shall be released on bail subject to the

condition that he shall deposit a sum of Rs.65,000/- with the trial

court and provided he executes 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 his appearance in this

court on 29.09.2023 and whenever ordered to do so till the

disposal of the revision on the conditions indicated below:-

(3 of 3)

1. That he will appear before the trial Court in the

month of January of every year till the revision

petition 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 address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 15-Samvedana/-

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