Rajasthan High Court
Nitesh S/O Shri Ramswaroop vs State Of Rajasthan on 12 January, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.1244/2022
In
S.B. Criminal Appeal No. 1894/2022
Nitesh S/o Shri Ramswaroop, R/o Balita P.s. Kunhadi, Kota
(Rajasthan) Presently Lodged At Central Jail Kota
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Sudhir Jain, Adv.
For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
12/01/2023
Heard learned counsel for the accused appellant and learned
Public Prosecutor on the application for suspension of sentence
and perused the judgment impugned dated 15.09.2022 passed by
learned Additional Session Judge, No.3, Kota in Session Case
No.16/2017 (388/2017) whereby the accused appellants have
been convicted for the offence punishable under section 307 of
IPC has been sentenced to maximum seven years rigorous
imprisonment along with fine of Rs.10,000/-; under Section 325
of IPC has been sentenced to maximum three years rigorous
imprisonment along with fine of Rs.5,000/-; under Section 323 of
IPC has been sentenced to maximum six months rigorous
imprisonment along with fine of Rs.1,000/- as well as under
(2 of 3) [SOSA-1244/2022]
Section 148 of IPC has been sentenced to maximum one year
rigorous imprisonment along with fine of Rs.1,000/-.
Learned counsel for the accused-appellant submits that as
per the allegations it was accused Jay Ram who inflicted grievous
injury to the victim Savitri Devi, no specific role or overt act has
been attributed to the present appellant. He was on bail during
trial and never misused the liberty granted in his favour.
Therefore, the application for suspension of sentence may be
granted.
Learned Public Prosecutor vehemently opposes the prayer
made by learned counsel for the accused-appellant.
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.
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 Session Judge, No.3,
Kota, vide judgment dated 15.09.2022 in Sessions Case
No.16/2017 (388/2017) against the appellant-applicant Nitesh
S/o Shri Ramswaroop 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 their appearance in this court on 15.02.2023 and
(3 of 3) [SOSA-1244/2022]
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he 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 will give in writing his 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
Ashwani/-81
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