Ravi vs State Of Rajasthan ...
2023 Latest Caselaw 1734 Raj

[2023/RJJD/005241]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1218/2022

Ravi S/o Ashok Kumar, Aged About 23 Years, B/c Sansi R/o Guniya Nada Jaswantpura Road Bhinmal Dist. Jalore (At Present Lodged In Dist. Jail Barmer)

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

----Respondent

For Petitioner(s) : Mr. Rakesh Matoria & Mr. Vikas For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

14/02/2023 Heard learned counsel for the appellant and learned Public

Prosecutor on application for suspension of sentence.

It is submitted on behalf of the accused-appellant that the

incident occurred in the heat of passion at the spur of moment.

There was no intention to cause fatal injuries to the deceased by

the appellant as there is no repetition of blows by the appellant.

Learned counsel further submits that the appellant has already

undergone a sentence of almost five years and the appeal is not

likely to be heard in near further. Therefore, the sentence

awarded to the appellant may be suspended, keeping in mind the

period of sentence undergone by the appellant.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

I have considered the submissions made at the bar.

[2023/RJJD/005241] (2 of 3) [SOSA-1218/2022]

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case and considering the period of sentence undergone by

the appellant, this Court is of the opinion that it is a fit case for

suspending the sentences awarded to the accused-appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Special Judge, SC/ST

(Prevension of Atrocities Cases), Barmer vide judgment dated

25/11/2022 in Session Case No.205/2018 (40/2018) against the

appellant-accused- Ravi S/o Ashok Kumar 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/- (Rupees: Fifty Thousand Only) with two sureties of

Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the

satisfaction of the learned trial Judge for his appearance in this

court on 17.03.2023 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial

Court in the month of January of every year till the

appeal is decided.

2. That if the applicant(s) changes the place of

residence, he/she/they will give in writing

his/her/their changed address to the trial Court as

well as to the counsel in the High Court.

[2023/RJJD/005241] (3 of 3) [SOSA-1218/2022]

3. Similarly, if the sureties change their address(s),

they will give in writing their changed address to

the trial Court.

The learned trial Court shall keep the record of attendance of

the accused-applicant(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-applicant(s) was tried and convicted. A copy of this order

shall also be placed in that file for ready reference. Criminal Misc.

file shall not be taken into account for statistical purpose relating

to pendency and disposal of cases in the trial court. In case the

said accused applicant(s) does not appear before the trial court,

the learned trial Judge shall report the matter to the High Court

for cancellation of bail.

(VINIT KUMAR MATHUR),J 115-SanjayS/-

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