Shahjad Son Of Samsuddin vs State Of Rajasthan
2023 Latest Caselaw 1809 Raj/2

Citation : 2023 Latest Caselaw 1809 Raj/2
Judgement Date : 8 February, 2023

Rajasthan High Court

Shahjad Son Of Samsuddin vs State Of Rajasthan on 8 February, 2023

Bench: Farjand Ali

[2023/RJJP/002183]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S.B. Cr. Misc. Suspension of Sentence Application No. 310/2023

                                           in

                     S.B. Criminal Appeal No. 268/2023

1.       Shahjad Son Of Samsuddin, Resident Of Pipalda P.s.
         Bonli, District Sawai Madhopur.
2.       Smt. Ballo Devi Wife Of Samsuddin, Aged About 60 Years,
         Resident Of Pipalda P.s. Bonli, District Sawai Madhopur.
3.       Samsuddin Son Of Jumman Khan, Aged About 62 Years,
         Resident Of Pipalda P.s. Bonli, District Sawai Madhopur.
                                                                      ----Appellants
                                       Versus
1.       State Of Rajasthan, Through P.P
2.       Ramkesh Regar Son Of Shri Jagdish Regar, Resident Of
         Piplada P.s. Bonli District Sawai Madhopur Rajasthan
                                                                    ----Respondents

For Appellant(s)             :     Mr. Amir Aziz
For Respondent(s)            :     Mr. B.L. Nasuna, Dy.G.A



                HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

08/02/2023

      Heard    learned      counsel        for    the    accused-appellants      and

learned Public Prosecutor on the application for suspension of

sentence and perused the judgment impugned dated 21.01.2023

passed by Special Judge, SC/ST (Prevention of Atrocities) Cases,

Sawai Madhopur in Sessions Case No. 61/2019 whereby the

accused-appellants have been convicted for the offence punishable

under Section 341 IPC and has been sentenced with maximum

one month simple imprisonment along with fine of Rs. 500/-;

under Section 323/34 IPC and has been sentenced with maximum

[2023/RJJP/002183] (2 of 3) [SOSA-310/2023]

6 months simple imprisonment along with fine of Rs.1,000/- as

well as under Section 3-2(va) of SC/ST Act and has been

sentenced with maximum of 6 months simple imprisonment along

with fine of Rs.1,000/-

Learned counsel for the accused-appellants submits that the

trial court has grossly erred in convicting and sentencing the

accused-appellants. It is submitted on behalf of the appellants

that a false case has been foisted against them. Learned counsel

further submits that the sentence has already been suspended by

the learned trial court by exercising power under Section 389(1)

Cr.P.C. The accused appellants were on bail during trial and they

have not misused the liberty granted in their favour. Hearing of

the appeal would likely to take long time. They are willing and

ready to furnish bail bonds for their release, therefore, the

application for suspension of sentence may be granted and the

sentence awarded may be suspended.

Learned Public Prosecutor has vehemently opposed the

prayer made by learned counsel for the accused-appellants.

Considering the overall submissions of the parties and

looking to the totality of facts and circumstances of the case 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.

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 the learned Special Judge, SC/ST (Prevention

[2023/RJJP/002183] (3 of 3) [SOSA-310/2023]

of Atrocities) Cases, Sawai Madhopur vide judgment dated

21.01.2023 in Sessions Case No.61/2019 against the appellant-

applicants-Shahjad Son Of Samsuddin, Smt. Ballo Devi Wife

Of Samsuddin and Samsuddin Son Of Jumman Khan shall

remain suspended till final disposal of the aforesaid appeal and

they shall be released on bail provided each of them 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

their appearance in this court on 10.03.2023 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 address to the trial Court as well as to the counsel in the High Court.