Bhanwar Lal Son Of Shri Harnath vs State Of Rajasthan
2023 Latest Caselaw 591 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

    S.B. Criminal Misc. Application for Suspension of Sentence
                          No.123/2023
                                 in
               S.B. Criminal Appeal No. 2461/2022

 Bhanwar Lal Son Of Harnath, Aged About 50 Years, R/o Badi
 Parap, Police Station Nainwa, District Bundi (Raj) (Accused
 Appellant Are Confined In Sub Jail Nainwa Dist.. Bundi)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent

For Appellant(s)           :    Mr. Manoj Sharma
                                Mr. Ramniwas Meena
For Respondent(s)          :    Mr. S.S. Mahla, PP



              HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

17/01/2023

Heard learned counsel for the accused-appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 16.11.2022 passed by

learned Additional Sessions Judge, Nainwa, Distt. Bundi in

Sessions Case No.03/2021 (CIS No.03/2021) whereby the

accused-appellant has been convicted for the offence punishable

under Section(s) 323/34, 427/34, 325/34 & 307/34 IPC and has

been sentenced with maximum of ten years rigorous

imprisonment along with fine of Rs. 25,000/-.

Learned counsel for the accused-appellant submits that the

trial court has grossly erred in convicting and sentencing the

accused-appellant. It is submitted on behalf of the appellant that a

false case has been foisted against him. There was no intent to

(2 of 3) [SOSA-123/2023]

kill the victim. The dispute arose on a very petty issue. There is an

inordinate delay of 18 hours in lodging the report for which no

satisfactory explanation has been furnished. Initially, the case was

not lodged under Section 307 IPC and on 23.01.2021, no opinion

regarding injury was given but on the basis of a report dated

12.02.2021, the injury has been treated as dangerous to life. He is

behind the bars since last two years. He is willing and ready to

furnish bail bonds for his release. Therefore, the application for

suspension of sentence may be granted and his sentence may be

suspended.

Learned Public Prosecutor has vehemently opposed the

prayer made by learned counsel for the accused-appellant.

Considering the overall submissions of the parties and

looking to the totality of facts and circumstances of the case while

refraining from passing any comments on the niceties of the

matter, 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

sentence passed by the learned Additional Sessions Judge,

Nainwa, Distt. Bundi vide judgment dated 16.11.2022 in Sessions

Case No.03/2021 against the appellant-applicant- Bhanwar Lal

Son Of Harnath, 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 his appearance in this court on 13.02.2023 and

(3 of 3) [SOSA-123/2023]

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 change the place of residence, he will give in writing his changed address to the trial Court as well as to his counsel(s) 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.

The learned trial Court shall keep the record of attendance of

the accused-applicants in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was tried and convicted. A copy of this order shall also

be placed in that file for ready reference. Criminal Misc. file shall

not be taken into account for statistical purpose relating to

pendency and disposal of cases in the trial court. In case, the said

accused-applicant does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(FARJAND ALI),J SAHIL SONI /63

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