Rajasthan High Court - Jodhpur
Paras Garg vs State Of Rajasthan on 15 May, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.489/2023
In
S.B. Criminal Appeal No. 703/2023
Paras Garg S/o Sh. Madan Lal Garg, Aged About 54 Years, Gali
No. 07, Punjabi Mohalla, Hanumangarh Town Dist.
Hanumangarh.
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Ms. Swati Kotwani
For Respondent(s) : Mr. Gaurav Singh, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/05/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
06.05.2023 passed by the learned Special Judge (Electricity Act
Cases), Additional Sessions Judge No.1, Hanumangarh in Criminal
Case No.01/2021 (C.I.S. No.01/2021) whereby he was convicted
and sentenced to suffer maximum imprisonment of two years
simple imprisonment along with a fine of Rs. 10,000/- under
Section 304-A of IPC and lesser punishment for the other offences
under Section 279 of IPC and under Section 139 of Electricity Act.
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)
conclusion of guilt, therefore, the same is required to be
appreciated again by this court being the first appellate Court. The
sentence of the accused-appellant has already been suspended by
the trial court. He was on bail during trial and did not misuse the
liberty so granted to him; 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 of learned counsel for the
parties and looking to the totality of facts and circumstances of
the case, more particularly the facts that the accused-appellant
was on bail during the course of trial and the hearing of appeal 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 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 Special Judge (Electricity Act Cases),
Additional Sessions Judge No.1, Hanumangarh who passed the
impugned order dated 06.05.2023 in Criminal Case No.01/2021
(3 of 3)
(C.I.S. No.01/2021) against the appellant-applicant- Paras Garg
S/o Sh. Madan Lal Garg shall remain suspended till final
disposal of the aforesaid appeal 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 15.06.2023
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
152-divya/-
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