Rajasthan High Court
Khemraj S/O Bacchu Singh vs State Of Rajasthan on 27 February, 2023
Bench: Farjand Ali
[2023/RJJP/003449]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.202/2023
In
S.B. Criminal Appeal No. 150/2023
Khemraj S/o Bacchu Singh, Aged About 37 Years, Resident Of
Bujet Police Station Sikandara District Dausa (Raj) (At Present
Confined In District Jail Dausa (Raj)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. Vinod Kumar Meena, 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 learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 12.01.2023 passed by
learned Additional Session Judge, Sikrai, Dausa whereby the
accused appellant has been convicted and sentenced to suffer
maximum punishment of 10 years rigorous imprisonment with fine
of Rs.50,000/- under Section 307 I.P.C. and lesser punishment for
other offence under Section 341 I.P.C.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
[2023/RJJP/003449] (2 of 3) [SOSA-202/2023]
Upon consideration of the grounds raised in the memo of
appeal and observing the fact that there was no previous
animosity between the parties and the dispute occurred in a spur
of moment and the submission that the appellant was not having
intent to kill the victim. The accused-appellant is on bail during the
course of trial and the 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 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 Additional Session Judge, Sikrai, Dausa,
vide judgment dated 12.01.2023 in Sessions Case (B.T.)
No.58/2021 (17/2017) (CIS No.39/2021) against the appellant-
applicant-Khemraj S/o Bacchu Singh 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 10.04.2023 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.
[2023/RJJP/003449] (3 of 3) [SOSA-202/2023]
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.
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-applicants were 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 applicants does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J
RAJAT/75
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