Mahesh vs State Of Rajasthan
2023 Latest Caselaw 152 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

S.B. Criminal Suspension of Sentence Application No. 1182/2022
                               In
              S.B. Criminal Appeal No. 1805/2022
1.     Mahesh Son Of Shri Badrilal, Aged About 27 Years,
       Resident Of Kundli River Police Station Malarna Dungar
       (At Present Accused Confined In Central Jail Bharatpur)
2.     Rajendra Son Of Shri Jaypal, Aged About 32 Years,
       Resident Of Kundli River Police Station Malarna Dungar
       (At Present Accused Confined In Central Jail Bharatpur)
3.     Hemraj Son Of Shri Jaypal, Aged About 45 Years,
       Resident Of Kundli River Police Station Malarna Dungar
       (At Present Accused Confined In Central Jail Bharatpur)
                                                                 ----Appellants
                                   Versus
State Of Rajasthan, Through Public Prosecutor
                                                                ----Respondent

For Appellant(s)         :     Mr. Rahul Agarwal
For Respondent(s)        :     Mr. S.S. Mahla, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

05/01/2023

Heard learned counsel for the accused appellants and

learned Public Prosecutor on the application for suspension of

sentence and perused the judgment impugned dated 01.09.2022

passed by learned Sessions Judge, Sawaimadhopur whereby the

accused appellants Mahesh, Rajendra and Hemraj have been

convicted under Sections 307/34, 325/34, 323/34, 341 and 452

IPC and has been sentenced to maximum ten years simple

imprisonment along with fine of Rs. 5,000/- and in default

payment of fine further one year additional simple imprisonment.

(2 of 3) [SOSA1182/2022]

Learned counsel for the accused-appellants submits that

there was no intent to kill the victim. The incident occurred in a

spur of moment without premeditation or preconcert. Neither the

circumstances nor the injury bring the matter within the ambit of

Section 307 IPC. Learned trial Court failed to appreciate the

factual aspect of the case.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-appellants.

The accused-appellants are 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 Sessions Judge, Sawaimadhopur,

vide judgment dated 01.09.2022 in Sessions Case No. 62/2020

against the appellant-applicants Mahesh Son Of Shri Badrilal,

Rajendra Son Of Shri Jaypal and Hemraj Son Of Shri Jaypal shall

remain suspended till final disposal of the aforesaid appeal and

each of them 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 09.02.2023 and whenever

ordered to do so till the disposal of the appeal on the conditions

indicated below:-

(3 of 3) [SOSA1182/2022]

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

PREETI VALECHA /63

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