Ashish vs State Of Rajasthan
2023 Latest Caselaw 4561 Raj

[2023/RJJD/015006]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.125/2023

IN

S.B. Criminal Revision Petition No. 532/2023

Ashish S/o Rakiya, Aged About 33 Years, R/o Pipalwa, Police Station Kotwali, District Banswara. (In Jail, In Banswara)

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

----Respondent

For Petitioner(s) : Mr. R.S. Bhati For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 07.12.2019 passed by the learned Chief Judicial

Magistrate, Banswara in Criminal Case No.122/2015

whereby he was convicted and sentenced to suffer maximum

punishment of 2 years simple imprisonment along with fine

of Rs.2,000/-under Section 379 of the 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

conclusion of guilt, therefore, the same is required to be

appreciated again by this Court. Hearing of the revision

[2023/RJJD/015006] (2 of 3) [SOSR-125/2023]

petition 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 petitioner 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, more particularly the facts,

hearing of revision petition 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 petition, 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 397/401 Cr.P.C. is allowed and it is ordered

that the sentence passed by learned Chief Judicial

Magistrate, Banswara in Criminal Case No.122/2015 against

the petitioner-applicant- Ashish S/o Rakiya shall remain

suspended till final disposal of the aforesaid revision petition

and he shall be released on bail provided each 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 12.06.2023 and

[2023/RJJD/015006] (3 of 3) [SOSR-125/2023]

whenever ordered to do so till the disposal of the revision

petition on the conditions indicated below:-

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

2. That if the applicant change the place of residence, he will give in writing his changed addresses 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 272-Ashutosh/-

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