Vimla vs State Of Rajasthan
2023 Latest Caselaw 2399 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.142/2023

IN

S.B. Criminal Appeal No. 219/2023

Vimla D/o Kalu Ram Khant, Aged About 29 Years, R/o Bedsa Bhala Kodala Ps Dhambola Dist. Dungarjpur (Sentence Already Suspended)

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

----Respondent

For Appellant(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Gaurav Singh, P.P.

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

30.01.2023 passed by the learned Additional Session Judge,

Dungarpur in Sessions Case No.11/22 whereby he was convicted

and sentenced to suffer maximum imprisonment of three years'

rigorous imprisonment under Section 304 PART II and lesser

punishment for the other offence under Section 317 of IPC.

Learned counsel for the applicant submits 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

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sentence of the accused-appellant has already been suspended by

the trial court. 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 learned counsel for the appellant and learned Public

Prosecutor and perused the material available on record.

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 Additional Session Judge, Dungarpur

who passed the impugned order dated 30.01.2023 in Sessions

Case No.11/22 against the appellant-applicant-Vimla D/o Kalu

Ram Khant shall remain suspended till final disposal of the

aforesaid appeal and she shall be released on bail provided she of

them executes a personal bond in the sum of Rs.50,000/-with two

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sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for her 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 she 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, she will give in writing her 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 5-divya/-

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