Rajasthan High Court
Santosh @ Kantya S/O Shri Chhote ... vs State Of Rajasthan on 5 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Crimial Misc. Suspension of Sentence Revision
No. 273/2022
S.B. Criminal Revision Petition No. 898/2022
Santosh @ Kantya S/o Shri Chhote Lal, R/o Dhani Badh Tan Rani
Ka Bas, P.s. Bandikui, District Dausa (Raj.)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. M.P. Meena
For Respondent(s) : Mr. M.S. Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/01/2023
Heard learned counsel for the accused petitioner and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 10.06.2022 passed by
learned Additional District and Sessions Judge No.1, Bandikui,
Dausa whereby the accused petitioner has been convicted for the
offence punishable under sections 457 and 380 IPC and has been
sentenced to maximum two years simple imprisonment along with
fine of Rs.1,000/- and in default of payment of fine one month
additional S.I.
Learned counsel for the accused-petitioner raises serious
doubt over the manner in which the recovery has been affected
and thus submitted that recovery from the petitioner is nothing
but a farce.
(2 of 3) [SOSR-273/2022]
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-petitioner.
The accused-petitioner is behind the bars and the hearing of
case 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 case, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused petitioner.
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.1, Bandikui, Dausa, vide judgment dated 10.06.2022 in
Criminal Case No. 53/2014 against the petitioner-applicant
Santosh @ Kantya S/o Shri Chhote Lal shall remain suspended till
final disposal of the aforesaid case 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
08.02.2023 and whenever ordered to do so till the disposal of the
case 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
case 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 of 3) [SOSR-273/2022]
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 /37
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