Rajasthan High Court - Jodhpur
Sanni @ Nagendra Singh vs State Of Rajasthan on 17 May, 2023
Bench: Farjand Ali
[2023/RJJD/015612]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
No.107/2023
IN
S.B. Criminal Revision Petition No. 463/2023
Sanni @ Nagendra Singh S/o Shri Mohan Singh Rathore, Aged
About 29 Years, R/o Vill. Aambawadi Banswara Dist. Banswara
Raj. (Petitioner Lodged At Dist. Jail Banswara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vijay Kumar
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
17/05/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 22.03.2023 passed by the learned ACJM, Banswara in
Criminal Regular Case No.174/2021 (CIS No.3250/2014)
whereby he was convicted and sentenced to suffer maximum
punishment of five years simple imprisonment along with
fine of Rs.10,000/-under Section 326 of IPC and lesser
punishment for other offences under Sections 323 and 341
of IPC.
2. Learned counsel for the petitioner submits that the learned
trial court as well as the learned appellate court has
committed an error of law in appreciating the evidence
[2023/RJJD/015612] (2 of 3) [SOSR-107/2023]
brought on record, therefore, the material would be required
to be appreciated again. The petitioner was on bail during
trial and during the course of appeal.
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. As per PW-8 Dr. Shyam, the injury received by the victim
was found on her finger. In this background and considering
the submissions advanced at bar and looking to the totality
of facts and circumstances of the case, more particularly the
facts that he was on bail during the course of trial and the
hearing of revision 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 revision, 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 ACJM, Banswara in
Criminal Regular Case No.174/2021 (CIS No.3250/2014)
against the petitioner-applicant- Sanni @ Nagendra Singh
S/o Shri Mohan Singh Rathore shall remain suspended till
final disposal of the aforesaid revision petition and he shall
[2023/RJJD/015612] (3 of 3) [SOSR-107/2023]
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 19.06.2023 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
18-Ashutosh/-
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