Rajasthan High Court - Jodhpur
Shiv Lal vs State Of Rajasthan on 22 March, 2023
Bench: Farjand Ali
[2023/RJJD/007336]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crl. Application for Suspension of Sentence Application
No.144/2023
IN
S.B. Criminal Appeal No. 226/2023
Shiv Lal S/o Shera Ram, Aged About 67 Years, R/o Village
Kharchi, Police Station Marwar Junction, Tehsil Marwar Junction,
District Pali. (Lodged At Central Jail, Jodhpur)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Vasu Deo Charan
For Respondent(s) : Mr. Gourav Singh, PP
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
24.01.2023 passed by the learned Additional Sessions Judge, Pali
in Original Sessions Case NO.214/2015 (CIS No. 374/2014)
whereby he was convicted and sentenced to suffer maximum
imprisonment of 10 years rigorous imprisonment along with fine of
Rs. 2, 00,000/- under Section 376 of IPC.
It is contended 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 appellant is in Jail since 24.01.2023;
[2023/RJJD/007336] (2 of 4) [SOSA-144/2023]
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 by learned counsel for the accused-
applicant for releasing the petitioner on application for suspension
of sentence.
Heard learned counsel for the parties and perused the
material available on record.
Considering the overall submissions of the parties, and
taking into account that the prosecutrix is a grown up married
lady. Worth considerable is the argument that the manner in
which the incident alleged to have taken place does not inspire full
confidence. The incident incident took place place on 16.07.2011
but the FIR lodged on 22.07.2011 and no examination whatsoever
was furnished in this regard. She was sleeping with her two
children when the incident took place. Thus, the submission made
by learned counsel for the appellant seems to be worth
considering that such incident was not possible to happen. Her
statement recorded during investigation and during trial have
several discrepancies. 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 never
misused the liberty so granted to him 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
[2023/RJJD/007336] (3 of 4) [SOSA-144/2023]
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 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned learned Additional Sessions Judge,
Pali in Original Sessions Case NO.214/2015 (CIS No. 374/2014)
against the appellant-applicant- Shiv Lal S/o Shera Ram 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 24.04.2023 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.
The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
[2023/RJJD/007336] (4 of 4) [SOSA-144/2023]
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J
199-Ashutosh/-
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