Narayan vs State Of Rajasthan
2023 Latest Caselaw 4782 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.401/2022

In

S.B. Criminal Revision Petition No. 1225/2022

1. Narayan S/o Shri Asharam, Aged About 45 Years, R/o Village Machlaya, P.s. Arnod, District Pratapgarh, Rajasthan.

2. Karu Lal S/o Shri Amra, Aged About 42 Years, R/o Village Machlaya, P.s. Arnod, District Pratapgarh, Rajasthan.

                                                                      ----Petitioners
                                     Versus
State Of Rajasthan, Through PP
                                                                  ----Respondent


For Petitioner(s)          :     Mr. S.S. Rathore
For Respondent(s)          :     Mr. Javed Gauri, P.P.



             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

08.05.2018 passed by the learned Additional Chief Judicial

Magistrate, Pratapgarh in Criminal Regular Case No.47/2010

whereby they were convicted and sentenced to suffer maximum

imprisonment of one year's simple imprisonment along with a fine

of Rs.1,000/- under Section 324/34 of IPC and lesser punishment

for the other offences under Sections 341 and 323/34 of IPC.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

(2 of 3)

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. They were on bail during trial and

appeal did not misuse the liberty so granted to them; hearing of

the revision 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 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-petitioners

were 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 Additional Chief Judicial Magistrate,

Pratapgarh who passed the impugned order dated 08.05.2018 in

Criminal Regular Case No.47/2010 against the petitioners-

Narayan S/o Shri Asharam and Karu Lal S/o Shri Amra shall

remain suspended till final disposal of the aforesaid revision and

(3 of 3)

they shall be released on bail provided each of them execute 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

their appearance in this court on 19.06.2023 and whenever

ordered to do so till the disposal of the revision on the conditions

indicated below:-

(1.) That they will appear before the trial Court in the month of January of every year till the appeal is decided.

(2.) That if the applicants change the place of residence, they will give in writing their 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 132-divya/-

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