Rajasthan High Court - Jodhpur
Gatu Lal vs State Of Rajasthan on 15 May, 2023
Bench: Farjand Ali
[2023/RJJD/015270]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application
No.128/2023
IN
S.B. Criminal Revision Petition No. 536/2023
Gatu Lal S/o Shri Laliya, Aged About 33 Years, R/o Negadiya,
P.S. Khamera, District Banswara (Rajasthan) (Presently Lodged
In District Jail, Banswara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. S.S. Rathore
For Respondent(s) : Mr. Gourav 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 29.02.2020 passed by the learned Additional Chief
Judicial Magistrate, Ghatol, District Banswara in Criminal
Regular Case No.479/2015 whereby he was convicted and
sentenced to suffer maximum punishment of 2 years simple
imprisonment along with fine of Rs.500/-under Section
304-A of the IPC and lesser punishment for the offence
under Section 279 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
[2023/RJJD/015270] (2 of 3) ]SOSR-128/2023[
conclusion of guilt, therefore, the same is required to be
appreciated again by this Court. Hearing of the revision
petition 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 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 Additional Chief Judicial
Magistrate, Ghatol, District Banswara in Criminal Regular
Case No.479/2015 against the petitioner-applicant- Gatu Lal
S/o Shri Laliya 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
[2023/RJJD/015270] (3 of 3) ]SOSR-128/2023[
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 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
154-Ashutosh/-
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