Rajasthan High Court
Ramsahai S/O Chhotelal Mali vs State Of Rajasthan on 27 February, 2023
Bench: Farjand Ali
[2023/RJJP/003381]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application No.
1263/2022
In
S.B. Criminal Appeal No. 1930/2022
1. Ramsahai S/o Chhotelal Mali, R/o Takipur Police Thana
Kanchanpur District Dholpur Rajasthan (At Present
District Jail Karauli)
2. Chandrabhan S/o Yadram Gurjar, R/o Sakarghata At
Present Gadhi Sandla Police Thana Sadar Dholpur District
Dholpur Rajasthan (At Present District Jail Karauli)
----Appellants
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : None
For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
27/02/2023
Lawyers are abstaining from appearance before the Court.
The application for suspension of sentence has been filed on
behalf of the appellant. Perused the judgment impugned dated
14.09.2022 passed by learned Special Judge, Dacoity Effected
Area Act, Karauli whereby the accused appellants have been
convicted and sentenced to suffer maximum punishment of seven
years rigorous imprisonment with fine of Rs. 5,000/- under
Section 397 IPC and lesser punishment for other offence under
Section 307 read with Section 34 IPC.
[2023/RJJP/003381] (2 of 3) [SOSA-1263/2022]
The grounds raised in the memo of appeal have been
considered and gone through the judgment impugned minutely as
well as perused the record of the trial court. The appellant is
convicted under Section 397 IPC, though there is clear finding that
the victim has not received any grievous injury. To invoke Section
397 of IPC; allegation of having deadly weapon or receiving
grievous injury is an essential element which is questionable here
thus considering the ground that the appellant was on bail during
the trial, this Court deem it appropriate to allow the application for
suspension of sentence.
The accused-appellant is behind the bars 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 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 Special Judge, Dacoity Effected
Area Act, Karauli, vide judgment dated 14.09.2022 in Sessions
Case No. 70/2012 against the appellant-applicants Ramsahai S/o
Chhotelal Mali and Chandrabhan S/o Yadram Gurjar 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
[2023/RJJP/003381] (3 of 3) [SOSA-1263/2022]
appearance in this court on 06.04.2023 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.
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
PREETI VALECHA /26
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