Rajasthan High Court
Shankar Son Of Kalyan vs State Of Rajasthan on 10 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No. 38/2023
In
S.B. Criminal Appeal No. 38/2023
1. Shankar Son Of Kalyan, Aged About 40 Years, Resident Of
Kishanpura, Police Station Rawanjana Dungar, District
Sawai Madhopur (Rajasthan)
2. Shyoji Gurjar Son Of Shri Kalyan Gurjar, Aged About 36
Years, Resident Of Kishanpura, Police Station Rawanjana
Dungar, District Sawai Madhopur (Rajasthan)
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Gheesi Wife Of Babulal, Aged About 34 Years,
Resident Of Chitara Police Station Rawanjana Dungar,
District Sawai Madhopur (Rajasthan)
----Respondents
For Appellant(s) : Mr. Girish Khandelwal
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/01/2023
Heard learned counsel for the accused appellants and
learned Public Prosecutor on the application for suspension of
sentence and perused the judgment impugned dated 23.12.2022
passed by learned Special Judge, SC/ST Act (POA), Sawai
Madhopur whereby the accused appellants have been convicted
for the offence punishable under sections 341, 323/34 of IPC and
Section 3-2(va) of SC/ST (POA) Act and have been sentenced to
(2 of 3) [SOSA-38/2023]
maximum six months imprisonment along with fine of Rs.1,000/-
in default of payment of fine further 10 days additional simple
imprisonment to each accused.
Learned counsel for the accused-appellants submits that a
false case has been foisted against them. Learned counsel submits
that the sentence has already been suspended by the learned trial
Court by exercising power under Section 389(3) of Cr.P.C. The
accused-appellant was on bail during trial. They are willing and
ready to furnish bail bonds for their release. Therefore, the
application for suspension of sentence may kindly be granted and
the sentence awarded may be suspended.
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 Special Judge, SC/ST Act (POA),
Sawai Madhopur, vide judgment dated 23.12.2022 in Sessions
Case No. 48/2019 against the appellant-applicants Shankar Son
Of Kalyan and Shyoji Gurjar Son Of Shri Kalyan Gurjar shall
remain suspended till final disposal of the aforesaid appeal and
they shall be released on bail provided each of them executes a
(3 of 3) [SOSA-38/2023]
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 13.02.2023 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 /71
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