Rajasthan High Court - Jodhpur
Hetram @ Ramesh Kumar vs State Of Rajasthan on 10 March, 2023
Bench: Farjand Ali
[2023/RJJD/006467] (1 of 3) [SOSA-208/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crl. Application for Suspension of Sentence Application
No.208/2023
IN
S.B. Criminal Appeal No. 291/2023
Hetram @ Ramesh Kumar S/o Shri Niranaram, Aged About 28
Years, R/o Dhirwas Chota, Police Station Sahwa, District Churu
(Raj.)
----Appellant
Versus
State Of Rajasthan, through PP
----Respondent
For Appellant(s) : Mr. Hetram, Applicant
Present in Person
For Respondent(s) : Mr. Gourav Singh, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/03/2023
Lawyers are abstaining from appearing before the court.
The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
16.02.2023 passed by the learned Special Court, SC and ST
(Prevention of Atrocities) Act Cases, Churu, Rajasthan in Sessions
Case No.207/2018 whereby he was convicted and sentenced to
suffer maximum imprisonment of two years along with fine of
Rs.2000/- under Section 457 of IPC and lesser punishments for
the other offences under Sections 354, 3(1)(W)(i) SC/ST Act and
3(2)(Va) SC/ST Act.
[2023/RJJD/006467] (2 of 3) [SOSA-208/2023]
It is contended on behalf of the applicant 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. The
sentence of the accused-appellant has already been suspended by
the trial court. He was on bail during trial and did not misuse the
liberty so granted to him; hearing of the appeal 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 accused-applicant for
releasing the appellant 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
appeal, looking to the totality of facts and circumstances of the
case, more particularly the facts that the accused-appellant was
on bail during the course of trial and the hearing of appeal 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 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
sentence passed by learned Special Court, SC and ST (Prevention
of Atrocities) Act Cases, Churu, Rajasthan in Sessions Case
[2023/RJJD/006467] (3 of 3) [SOSA-208/2023]
No.207/2018 against the appellant-applicant- Hetram @ Ramesh
Kumar S/o Shri Niranaram 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 11.04.2023
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 applicant 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 addresses,
they will give in writing their changed address to
the trial Court.
(FARJAND ALI),J
196-Ashutosh/-
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