Darshan Singh vs State Of Rajasthan
2023 Latest Caselaw 2165 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Application for Suspension of Sentence No.56/2023 In

S.B. Criminal Revision Petition No. 246/2023

Darshan Singh S/o Mane Singh, Aged About 42 Years, R/o Ward No. 12, Rawatsar, District Hanumangarh. At Present Guleriya, Tehsil Sujangarh, District Churu. (At Present Lodged In Sub Jail, Nohar)

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

----Respondent

For Petitioner(s) : Mr. Mahendra Singh, Present-in-

Person For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

13/03/2023

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

28.02.2018 passed by the learned Additional Chief Judicial

Magistrate, Nohar, District Hanumangarh in Criminal Case

No.263/2007 whereby he was convicted and sentenced to suffer

maximum imprisonment of three years' simple imprisonment

under Section 54A of Rajasthan Excise Act.

It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct legal and factual

(2 of 3) [SOSR-56/2023]

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. 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 petitioner 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, looking to the totality of facts and circumstances of the

case, more particularly the facts that the accused-petitioner was

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 opinion that it is a fit case for suspending the

sentence awarded to the accused-petitioner.

Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned learned Additional Chief Judicial

Magistrate, Nohar, District Hanumangarh who passed the

impugned order dated 28.02.2018 in Criminal Case No.263/2007

against the petitioner-applicant- Darshan Singh S/o Mane Singh

(3 of 3) [SOSR-56/2023]

shall remain suspended till final disposal of the aforesaid revision

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 13.04.2023 and whenever ordered to

do so till the disposal of the revision 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 address, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 171-divya/-

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