Rajasthan High Court - Jodhpur
Chuna Ram vs State Of Rajasthan on 16 March, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crl. Misc. Suspension of Sentence Application No.215/2023
IN
S.B. Criminal Appeal No. 302/2023
Chuna Ram S/o Sh. Arjan Ram, Aged About 50 Years,
Manchiytiya, Baap P.s., Teh. Jodhpur, Dist. Jodhpur. (Confined In
Central Jail, Bikaner).
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Rajesh, Present-in-Person
For Respondent(s) : Mr. Laxman Singh Solanki, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/03/2023
Lawyers are abstaining from appearing before the Court.
Mr. Rajesh, Nephew of applicant-appellant, is present in
person before this Court.
The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
10.02.2023 passed by learned Additional Sessions Judge, No.1,
Hanumangarh in Sessions Case No.9/2018 whereby he was
convicted and sentenced to suffer maximum punishment of seven
years rigorous imprisonment along with fine of Rs.10,000/- under
Section 304/109 IPC and lesser punishment for the other offences
under Sections 279/109 & 337/109 IPC.
It is contended on behalf of the applicant that the learned
trial Judge has not appreciated the correct, legal and factual
(2 of 3) [SOSA-215/2023]
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 allowed.
Per contra, learned public prosecutor has vehemently
opposed the prayer made on behalf of the representative of
accused-applicant for releasing the appellant on application for
suspension of sentence.
Heard and perused the material available on record.
As per the allegations levelled, it was co-accused 'Uma Ram'
who was driving the vehicle when the accident took place and the
boy 'Vishal' succumbed to death. The case of the appellant is on
better footing than the case of 'Uma Ram' and looking to the
totality of facts and circumstances of the case, more particularly
the fact that 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 present application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed byi learned Additional Sessions
Judge No.1, Hanumangarh vide judgment dated 10.02.2023 in
Sessions Case No.09/2018 against the appellant-applicant Chuna
(3 of 3) [SOSA-215/2023]
Ram S/o Shri Arjan Ram, 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/- to the satisfaction of the learned trial
court for his/her/their appearance in this Court on 17.04.2023 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
141-KashishS/-
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