Vikram @ Vickey Chouhan vs State Of Rajasthan
2023 Latest Caselaw 4332 Raj

[2023/RJJD/014293]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.450/2023

IN

S.B. Criminal Appeal No. 562/2023

1. Vikram @ Vickey Chouhan S/o Sh. Gopal Singh, Aged About 21 Years, W.No. 11, Gandhi Basti, Sri Ganganagar.

2. Sameer Khan S/o Sh. Isak Khan @ Sagla, Aged About 23 Years, W.No.11, Near The House Of Heer Lal Parshad, Purani Aabadi, Sri Ganganagar.

3. Ghanshyam Limba S/o Lt. Sh. Ved Prakash, Aged About 22 Years, W.No. 11, H.no. 152, Near Mahila Park, Purani Aabadi, Sri Ganganagar.

4. Bilal Khan S/o Mohammed Isak Khan, Aged About 23 Years, W.no. 15, Purani Aabadi, Sri Ganganagar.

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

----Respondent

For Appellant(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

09/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicants in the matter of judgment

dated 13.04.2023 passed by learned Additional Sessions

Judge, No.2, Sri Ganganagar in Sessions Case No.17/2018

whereby they was convicted and sentenced to suffer

maximum punishment of three years simple imprisonment

along with fine of Rs.10,000/- under Section 325/149 of the

[2023/RJJD/014293] (2 of 3) [SOSA-450/2023]

IPC and lesser punishments for the offence under Sections

148, 341/149, 323/149 of the IPC.

2. 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. Hearing of the

appeal is likely to take long time, therefore, the application

for suspension of sentence may be granted.

3. Per contra, learned Additional Government Advocate has

vehemently opposed the prayer made by learned counsel for

the accused-applicants for releasing the appellants on

application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Upon consideration of the submissions of learned counsel for

the parties 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-

appellants.

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 in Sessions Case No.17/2018 against

the appellants-applicants 1. Vikram @ Vickey Chouhan

[2023/RJJD/014293] (3 of 3) [SOSA-450/2023]

S/o Sh. Gopal Singh, 2. Sameer Khan S/o Sh. Isak

Khan @ Sagla, 3. Ghanshyam Limba S/o Lt. Sh. Ved

Prakash, 4. Bilal Khan S/o Mohammed Isak Khan shall

remain suspended till final disposal of the aforesaid appeal

and they shall be released on bail provided they execute 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 09.06.2023 and

whenever ordered to do so till the disposal of the appeal on

the conditions indicated below:-

1. That they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicants changes the place of residence, they will give in writing their 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 201-Ashutosh/-

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