Ganpat Singh vs State Of Rajasthan ...
2023 Latest Caselaw 4178 Raj

[2023/RJJD/013838]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application for Suspension of Sentence No.117/2023 IN S.B. Criminal Revision Petition No. 493/2023 Ganpat Singh S/o Sh. Bahadur Singh, Aged About 26 Years, Jawahar Naga, Bhilwara.at Present Sangawas, Teh. Jaitaran Dist. Pali (At Present Lodged In Central Jail, Jodhpur).

                                                                   ----Petitioner
                                    Versus
State of Rajasthan, through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Naresh Vishnoi
For Respondent(s)         :     Mr. A.R. Choudhary, P.P.


               HON'BLE MR. JUSTICE FARJAND ALI
                                     Order
05/05/2023

1. The instant application for suspension of sentence has been

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

17.06.2013 passed by the learned Additional Chief Metropolitan

Magistrate No.3, Jodhpur Metropolitan in Criminal Original Case

No.84/2011 whereby he was convicted and sentenced to suffer 2

years simple imprisonment and to pay fine of Rs.2,000/- and in

default of payment of fine to further undergo 1 month simple

imprisonment under Section 304-A of IPC and lesser amount of

punishment under Sections 279 and 337 of IPC.

2. 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 and hearing of the revision is likely

[2023/RJJD/013838] (2 of 3)

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 petitioner on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions of learned counsel for the

parties and 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.

6. Accordingly, the application for suspension of sentence filed

under Section 397 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Additional Chief Metropolitan

Magistrate No.3, Jodhpur Metropolitan who passed the impugned

order in Criminal Original Case No.84/2011 against the petitioner-

applicant Ganpat Singh S/o Sh. Bahadur Singh 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

satisfaction of the learned trial Judge for his appearance in this

court on 08.05.2023 and whenever ordered to do so till the

disposal of the revision on the conditions indicated below:-

[2023/RJJD/013838] (3 of 3)

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.

7. 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

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 190-AnilKC/-

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