Dilip vs State Of Rajasthan
2023 Latest Caselaw 229 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc. Application (Suspension of Sentence) No.15/2023

In

S.B. Criminal Appeal No. 22/2023

1. Dilip S/o Sh. Goverdhan, Aged About 27 Years, Nathukhedi,

P.s. Hathuniya, Dist. Pratapgarh (Raj.).

2. Sanjay S/o Sh. Goverdhan, Aged About 22 Years,

Nathukhedi, P.s. Hathuniya, Dist. Pratapgarh (Raj.).

3. Goverdhan S/o Sh. Devram, Aged About 51 Years,

Nathukhedi, P.s. Hathuniya, Dist. Pratapgarh (Raj.).

----Appellants Versus State Of Rajasthan

----Respondent

For Appellant(s) : Mr.Ramesh Purohit For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

06/01/2023

Heard learned counsel for the applicant-appellants and

learned Public Prosecutor for the State on application for

suspension of sentences. Perused the material available on record.

It is contended by the counsel for the appellant-

applicants that appellants-Dilip S/o Goverdhan, Sanjay S/o

Goverdhan and Goverdhan S/o Devram have been convicted for

the offences under Sections 447, 341, 323, 324/34 and 307/34 of

(2 of 3) [SOSA-22/2023]

the IPC and each of them have been sentenced to undergo three

years' simple imprisonment. Learned counsel further submits that

the appellant-applicants were on bail during trial and sentences

awarded to them have already been suspended by the learned

trial Court as disposal of the appeal will consume time thus,

sentence awarded to them may be suspended during pendency of

the appeal.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

I have heard and considered the arguments advanced

by the counsel for the parties and have gone through the material

available on record.

Having considered the facts and circumstances and

particularly the fact that the above named appellant-applicants

was on bail during trial and sentences awarded to them have

already been suspended by the learned trial Court as disposal of

appeal will consume time, therefore, this Court deems it fit and

proper to allow the application for suspension of sentences filed by

the appellant-applicants.

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 Sessions Judge-cum-

Special Judge, SC/ST (Prevention of Atrocities Cases), Pratapgarh

vide judgment dated 21.12.2022 in Sessions Case No.87/2015

(149/2015) against the appellant-applicants Dilip S/o Goverdhan,

(3 of 3) [SOSA-22/2023]

Sanjay S/o Goverdhan and Goverdhan S/o Devram shall remain

suspended till final disposal of the aforesaid appeal and he 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 appearance in

this court on 06.02.2023 and whenever ordered to do so.

(VINOD KUMAR BHARWANI),J 4-Mamta/-

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