Ramesh @ Rameshwar vs State
2023 Latest Caselaw 2116 Raj

Citation : 2023 Latest Caselaw 2116 Raj
Judgement Date : 8 March, 2023

Rajasthan High Court - Jodhpur

Ramesh @ Rameshwar vs State on 8 March, 2023

Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1038/2022

Ramesh @ Rameshwar S/o Sh. Gokal Bheel, Aged About 38 Years, R/o Jaisinghpura Ps Gangapur District Bhilwara, Raj. (At Present Lodged In Central Jail, Ajmer)

----Appellant Versus State, Through Pp

----Respondent

For Appellant (s) : Mr. Ratan Lal Bheel, cousin of the appellant, present in person For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

08/03/2023

Heard.

The instant application for suspension of sentence has been

preferred by the appellant-applicant, who has been convicted and

sentenced by the learned trial court vide judgment dated

16.09.2016 in Sessions Case No.61/2014. The appellant-applicant

has been sentenced as under :-

Offence U/s Sentence Fine Sentence in default of

payment of fine 324 IPC 2 years' SI Rs.1000/- Six months' SI 325 IPC 5 years' SI Rs.2000/- One year SI 326 IPC 7 Years' SI Rs.3000/- One year SI 307 IPC 10 Years' SI Rs.3000/- Two years' SI 4/25 of the 1 Year SI Rs.1000/- Three months' SI

Arms Act Mr. Ratan Lal Bheel, cousin of the appellant, present in

(2 of 3) [SOSA-1038/2022]

person has submitted that the appellant was convicted for the

offence under Sections 324, 325, 326 and 307 of the IPC and

Section 4/25 of the Arms Act and sentenced for rigorous

imprisonment of 10 years for the offence under Section 307 IPC

and awarded lesser sentence for other offences. It is submitted

that as on date, the appellant has served out more than six years

sentence out of total sentence of 10 years and hearing of the

appeal filed by him is likely to take time.

Learned Public Prosecutor has opposed this suspension of

sentence application, however, he is not position to dispute the

fact that as on date the appellant has served out sentence of 6

years and 5 months.

Having considered the totality of facts and circumstances of

the case, after carefully scrutinizing the record of the case and

particularly taking into consideration of the fact that out of total

sentence of 10 years, the appellant has already served out around

6 years and 5 months sentence and hearing of the appeal is likely

to take time, this Court is inclined to allow this application for

suspension of sentence.

Accordingly, this suspension of sentence application filed

under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 16.09.2016 in Sessions Case No.61/2014 against appellant

- Ramesh @ Rameshwar S/o Sh. Gokal Bheel shall remain

suspended till final disposal of the aforesaid appeal, 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

(3 of 3) [SOSA-1038/2022]

Judge for his appearance in this court on 10.04.2023 and

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 appellant 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.