Rakesh Kumar vs State Of Rajasthan
2023 Latest Caselaw 4333 Raj

[2023/RJJD/014295]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.453/2023

IN

S.B. Criminal Appeal No. 565/2023

Rakesh Kumar S/o Sh. Om Prakash, Aged About 30 Years, 34 Stg Tehsil Pilibanga Dist. Hanumangarh. (Presently Lodged In Dist. Jail, Hanumangarh).

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

----Respondent

For Appellant(s) : Mr. Ranjeet Singh Gill 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 applicant in the matter of judgment

dated 19.04.2023 passed by learned Sessions Judge, No.1,

Hanumangarh in Sessions Case No.03/2020 (CIS No.

15/2020) whereby he was convicted and sentenced to suffer

maximum punishment of seven years simple imprisonment

along with fine of Rs.10,000/- under Section 307 of the IPC

and the lesser punishments for the offence under Sections

323, 325 and 341 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,

[2023/RJJD/014295] (2 of 3) [SOSA-453/2023]

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-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 submission that no offence under Section

307 of the IPC is made out, a fracture has been reported at

the leg of the victim for which the injury No.1 is opined to be

grievous in nature 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., 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 389 Cr.P.C. is allowed and it is ordered that

the sentence passed by learned Sessions Judge, No.1,

Hanumangarh in Sessions Case No.03/2020 (CIS No.

15/2020) against the appellant-applicant Rakesh Kumar

S/o Sh. Om Prakash shall remain suspended till final

disposal of the aforesaid appeal and he shall be released on

[2023/RJJD/014295] (3 of 3) [SOSA-453/2023]

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 09.06.2023 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 address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 202-Ashutosh/-

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