Rajasthan High Court - Jodhpur
Rajat Dua @ Deepu vs State Of Rajasthan on 3 May, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.422/2023
in
S.B. Criminal Appeal No. 518/2023
Rajat Dua @ Deepu S/o Yashpal Arora, Aged About 21 Years,
W.no. 11, Near Jyoti Doctor Clinic, Purani Abadi, Dist.
Sriganganagar.
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Rajendra Charan
For Respondent(s) : Mr. Gaurav Singh, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/05/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
13.04.2023 passed by the learned Additional Sessions Judge No.2,
Sri Ganganagar in Sessions Case No.17/2018, whereby he was
convicted and sentenced to suffer maximum punishment of simple
imprisonment of 3 years for the offence under Section 325/149
IPC and lesser punishments for the other offences under Sections
148, 341/149 and 323/149 IPC.
2. 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
(2 of 3) [SOSA-422/2023]
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; his sentence has already been suspended by the trial court
for a period of 30 days; hearing of the appeal is likely to take long
time, therefore, the application for suspension of sentence may be
granted.
3. 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.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Considering the submissions advanced at bar, grounds raised
in the memo of appeal and looking to the totality of facts and
circumstances of the case, 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.
6. 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 Sessions Judge No.2, Sri
Ganganagar vide judgment dated 13.04.2023 in Sessions Case
No.17/2018 against the appellant-applicant Rajat Dua @ Deepu
S/o Yashpal Arora shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail provided he
(3 of 3) [SOSA-422/2023]
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 05.06.2023 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
176-Pramod/-
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