Rajasthan High Court
Banwarilal S/O Jagdish Prasad vs State Of Rajasthan on 27 February, 2023
Bench: Farjand Ali
[2023/RJJP/003433]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.451/2023
In
S.B. Criminal Appeal No. 427/2023
1. Banwarilal S/o Jagdish Prasad, Aged About 55 Years, R/o
Navodi Tan Govindpura Police Station Sadar, Neem Ka
Thana District Sikar (Raj)
2. Tejaram S/o Jagdish Prasad, Aged About 57 Years, R/o
Navodi Tan Govindpura Police Station Sadar Neem Ka
Thana District Sikar (Raj)
3. Charansingh S/o Gyarsilal, Aged About 40 Years, R/o
Navodi Tan Govindpura Police Station Sadar Neem Ka
Thana District Sikar (Raj)
----Appellants
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Banwarilal, appellant present in
person
For Respondent(s) : Mr. Arvind Kumar, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
27/02/2023
Lawyers are abstaining from appearing before the Court.
Heard Mr. Banwarilal, appellant present in person and
learned Public Prosecutor on the application for suspension of
sentence and perused the judgment impugned dated 14.02.2023
passed in Sessions Case No.5/10 B.T. 48/22 (CIS No.40/2014)
passed by learned Additional Sessions Judge No.2, Neem Ka
Thana, District Sikar whereby the accused appellants have been
[2023/RJJP/003433] (2 of 3) [SOSA-451/2023]
convicted and sentenced to suffer maximum punishment of three
years simple imprisonment with fine of Rs.5000/- under Sections
325/34 of I.P.C. and lesser punishment for other offence under
Sections 341 & 323 of I.P.C.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellants.
The accused-appellants were on bail during the course of
trial and hearing of appeal is likely to take further more time,
therefore, considering the overall submissions 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
sentences passed by the learned Additional Sessions Judge No.2,
Neem Ka Thana, District Sikar, vide judgment dated 14.02.2023
passed in Sessions Case No.5/10 B.T. 48/22 (CIS No.40/2014)
against the appellant-applicants- Banwarilal S/o Jagdish
Prasad, Tejaram S/o Jagdish Prasad & Charansingh S/o
Gyarsilal 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
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for their appearance in this Court on 06.04.2023 and
[2023/RJJP/003433] (3 of 3) [SOSA-451/2023]
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.
3. Similarly, if the sureties change their
address(s),they will give in writing their changed
address to the trial Court.
(FARJAND ALI),J
RAJAT/40
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