Rajasthan High Court
Rinkesh S/O Jairam 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.1240/2022
In
S.B. Criminal Appeal (Sb) No. 1887/2022
1. Rinkesh S/o Jairam, R/o Balita Police Station Kunhadi Kota
(Raj) (At Present Confined In Central Jail, Kota)
2. Kantibai W/o Jairam, R/o Balita Police Station Kunhadi Kota
(Raj) (At Present Confined In Central Jail, Kota)
----Appellants
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Nitin Kumar Sharma, 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 appellants 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
(2 of 3) [SOSA-1240/2022]
imprisonment along with fine of Rs.1,000/- as well as under
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-appellants 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 appellants. they was on bail during
trial and never misused the liberty granted in their 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-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 Additional Session Judge, No.3,
Kota, vide judgment dated 15.09.2022 in Sessions Case
No.16/2017 (388/2017) against the appellant-applicants Rinkesh
S/o Jairam and Kantibai W/o Jairam shall remain suspended
till final disposal of the aforesaid appeal and they shall be released
on bail provided they executes a personal bond in the sum of
Rs.50,000/-with two sureties of Rs.25,000/- each of them to the
(3 of 3) [SOSA-1240/2022]
satisfaction of the learned trial Judge for their appearance in this
court on 15.02.2023 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That 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, they will give in writing 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
Ashwani/-82
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