Sanjay vs State Of Rajasthan
2023 Latest Caselaw 6533 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 1037/2023

IN

S.B. Criminal Appeal No. 1676/2023

Sanjay S/o Sh. Madan Lal, Aged About 23 Years, W. No.4, Modhunagar, Teh. Rawatsar Dist. Hanumangarh.

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


For Appellant(s)          :    Mr. Ganga Ram
For Respondent(s)         :    Mr. S.K. Bhati, PP



              HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

29/08/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 07.08.2023 passed by learned Additional Sessions

Judge, No.1, Nohar, District- Hanumangarh in Sessions Case

No.36/2020 whereby he was convicted and sentenced to

suffer maximum punishment of two years simple

imprisonment along with compensation fine of Rs.15,000/-

under Section 325/34 of the IPC.

2. It is contended 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

(2 of 3) [SOSA-1037/2023]

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 by learned counsel for 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. Upon consideration of the submissions of learned counsel for

the parties and taking into account the observations made by

the learned trial Court in para 13 of the impugned judgment

and the fact that appellant has been convicted for the

offence under Section 325/34 of the IPC only, more

particularly 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-appellant.

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 Additional Sessions Judge,

No.1, Nohar, District- Hanumangarh in Sessions Case

No.36/2020 against the appellant-applicant Sanjay S/o Sh.

Madan Lal shall remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail provided he

executes a personal bond in the sum of Rs.50,000/-with two

(3 of 3) [SOSA-1037/2023]

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 appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal 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 285-Ashutosh/-

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