Teja Ram vs State Of Rajasthan
2023 Latest Caselaw 2395 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Application for Suspension Of Sentence

No. 39/2023

In

S.B. Criminal Revision Petition No. 175/2023

Teja Ram S/o Samarthaji, Aged About 50 Years, R/o Surajwada, Tehsil Raniwara, District Jalore. (At Present Lodged In Sub Jail Bhinmal, District Jalore)

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

----Respondent

For Petitioner(s) : Mr. Sravan Kumar Sainee For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

22/03/2023

The instant application for suspension of sentence has been

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

09.06.2015 passed by the learned Judicial Magistrate, Raniwara,

District Jalore in Regular Criminal Case No.02/2006 whereby he

was convicted and sentenced to suffer maximum imprisonment of

one year's simple imprisonment along with a fine of Rs.100/-

under Section 457 of IPC and lesser punishment for the other

offence under Section 354 of IPC.

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

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appreciated again by this court being the first appellate Court.

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 accused-applicant for

releasing the petitioner on application for suspension of sentence.

Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the material available on record.

Upon hearing of the learned counsel for the petitioner, it

appears that the judgment passed by the learned trial Court as

well as affirmed by learned appellate Court are required to be

examined again by this Court. Looking to the totality of facts and

circumstances of the case, more particularly the fact that 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 Judicial Magistrate, Raniwara, District

Jalore who passed the impugned order dated 09.06.2015 in

Regular Criminal Case No.02/2006 against the petitioner-

applicant-Teja Ram S/o Samarthaji 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

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satisfaction of the learned trial Judge for his appearance in this

court on 24.04.2023 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 revision 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(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 21-divya/-

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