Vijay Kumar @ Dholu vs State Of Rajasthan
2023 Latest Caselaw 2072 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application for Suspension of Sentence Application No.55/2023

In

S.B. Criminal Revision Petition No. 245/2023

1. Vijay Kumar @ Dholu S/o Ramkumar, Aged About 35 Years, R/o Chaiya Ps Rawatsar Dist. Hanumangarh (At Present Lodged In Sub Jail Nohar )

2. Madan Lal S/o Chet Ram, Aged About 45 Years, R/o Chaiya Ps Rawatsar Dist. Hanumangarh (At Present Lodged In Sub Jail Nohar )

----Petitioners Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Subhash Chandra, Present-in-

Person For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/03/2023

Lawyers are abstaining from appearing before the Court.

Mr. Subhash Chandra, relative of the petitioners is present in

person before this Court.

The instant application for suspension of sentence has been

moved on behalf of the applicants in the matter of judgment dated

28.02.2018 passed by learned Additional Chief Judicial Magistrate,

Nohar, District Hanumangarh in Criminal Case No.263/2007

whereby they were convicted and sentenced to suffer maximum

imprisonment of three years along with fine of Rs.20,000/- under

Section 19/54 Rajasthan Excise Act.

(2 of 3) [CRLR-55/2023]

It is contended on behalf of representative of the applicants

that the learned trial Judge has not appreciated the correct, legal

and factual aspects of the matter and thus, reached at an

erroneous conclusion of guilt, therefore, the same is required to

be appreciated again by this court being the first appellate Court.

They were on bail during trial and did not misuse the liberty so

granted to them; hearing of the revision is likely to take long time,

therefore, the application for suspension of sentence may be

granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the representative of

applicants for releasing the petitioners on application for

suspension of sentence.

Heard and perused the material available on record.

Upon consideration of the grounds raised in the memo of the

revision petition, looking to the totality of facts and circumstances

of the case, more particularly the facts that the accused-

petitioners were on bail during the course of trial and the hearing

of revision is likely to take further more time and considering the

overall submissions 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 revision,

this court is of the op.inion that it is a fit case for suspending the

sentence awarded to the accused-petitioners.

Accordingly, the application for suspension of sentence under

Section 397 Cr.P.C. which is hereby allowed and it is ordered that

the sentence passed by learned Additional Chief Judicial

Magistrate, Nohar, District Hanumangarh, in Criminal Case

(3 of 3) [CRLR-55/2023]

No.263/2007 vide judgment dated 28.02.2018 against the

appellants Vijay Kumar @ Dholu S/o Ramkumar and Madan

Lal S/o Chet Ram shall remain suspended till final disposal of the

aforesaid criminal revison and they 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 and to the satisfaction of

the learned trial court for his appearance in this Court on

05.04.2023 and subsequently before the trial court on the

following conditions:-

1.That they will appear before the trial court in the month of January every year till the revision is decided.

2.That if the appellants change the place of residence, they will give the changed address in writing to the trial court, High Court as well as to his counsel in the High Court.

3.Similarly if sureties change their addresses, they will give in writing their changed address to the trial court.

(FARJAND ALI),J 167-KashishS/-

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