Bhanwar Singh vs State Of Rajasthan
2023 Latest Caselaw 4783 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.493/2023

In

S.B. Criminal Appeal No. 742/2023

1. Bhanwar Singh S/o Shri Amar Singh, Aged About 25 Years, R/o Kalyanpur, P.s. Hanuniya, District Pratapgarh (Raj.)

2. Mukesh S/o Shri Karulal, Aged About 27 Years, R/o Kalyanpur, P.s. Hanuniya, District Pratapgarh (Raj.)

3. Jitendra Singh S/o Shri Surendra Singh, Aged About 28 Years, R/o Kalyanpur, P.s. Hanuniya, District Pratapgarh (Raj.)

----Appellants Versus

1. State Of Rajasthan, Through Pp

2. Madanlal S/o Shri Prabhulal, R/o Kalyanpur, P.s.

Hanuniya, District Pratapgarh (Raj.)

----Respondents

For Appellant(s) : Mr. Vijay Kumar Gaur For Respondent(s) : Mr. Gaurav Singh, AGA

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 applicants in the matter of judgment dated

05.05.2023 passed by the learned Special Judge, SC/ST

(Prevention of Atrocity Cases), Pratapgarh in Special Sessions

Case No.01/2020 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 323/34 of IPC and

(2 of 3)

lesser punishment for the other offences under Section 3(2)(va) of

SC/ST Act, 1989 read with Section 341 and under Section 341 of

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 being the first appellate Court. The

sentence of the accused-appellants have already been suspended

by the trial court. They were on bail during trial and did not

misuse the liberty so granted to them; 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-applicants for

releasing the appellants 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-appellants

were 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

(3 of 3)

court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused-appellants.

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, SC/ST (Prevention of

Atrocity Cases), Pratapgarh who passed the impugned order dated

05.05.2023 in in Special Sessions Case No.01/2020 against the

appellant-applicants- Bhanwar Singh S/o Shri Amar Singh,

Mukesh S/o Shri Karulal and Jitendra Singh S/o Shri

Surendra Singh shall remain suspended till final disposal of the

aforesaid appeal and 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 appeal 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 226-divya/-

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