Rajasthan High Court
Deengopal S/O Shri Babulal vs State Of Rajasthan on 28 February, 2023
Bench: Farjand Ali
[2023/RJJP/003482]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Cr. Misc. Suspension of Sentence Application No. 291/2023
in
S.B. Criminal Appeal No. 238/2023
Deengopal S/o Shri Babulal, Aged About 20 Years, R/o Kathota
P.s. Rupangarh, At Present Near Govt. School Maliyo Ki Dhani,
Chamda Ghar P.s. Gandhi Nagar District Aumer (Raj) (At Present
Confined In Central Jail Ajmer)
----Appellant
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. Kishan Gopal brother of the
appellant present in person.
For Respondent(s) : Mr. Arvind Kumar, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
28/02/2023
Lawyers are abstaining from appearing before the Court.
Heard learned Public Prosecutor on the application for
suspension of sentence and perused the judgment impugned
dated 24.01.2023 passed by learned Additional District & Sessions
Judge No.2, Kishangarh District Ajmer, whereby the accused
appellant has been convicted and sentenced to suffer maximum
punishment of 10 years rigorous imprisonment with fine of
Rs.5,000/ under Section 376(2) (N) and lesser punishment for
other offence under Section 344, 366 and 376(2) (N) of IPC.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
[2023/RJJP/003482] (2 of 3) [SOSA291/2023]
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 appellant.
The record is awaited but certified copies of all the
statements including the statement of the victim have been placed
on record along with all order-sheets and memos.
I have gone through it minutely. A perusal of statement of
victim recorded under Section 164 Cr.P.C. which is marked as
Exp.P/6 as well as the statement of the victim recorded during
trial. After going through the entire material and considering the
fact that the accused-appellant was on bail and hearing of the
appeal would take long time.
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 District and Sessions
Judge No.2, Kishangarh District Ajmer, vide judgment dated
24.01.2023 in Sessions Case No.37/2019 (19/2017) against the
appellant-applicant-Deengopal S/o Shri Babulal 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 his appearance in this
[2023/RJJP/003482] (3 of 3) [SOSA291/2023]
court on 28.03.2023 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.
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
Pcg/114
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