Nehpal Singh vs State Of Rajasthan
2023 Latest Caselaw 4856 Raj

[2023/RJJD/016025]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application (Appeal) No.499/2023

IN

S.B. Criminal Appeal No. 749/2023

Nehpal Singh S/o Leel Singh, Aged About 27 Years, B/c Rajput R/o Jhinjhaniyali Dist. Jaisalmer

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Koja Ram S/o Harji Ram, B/c Meghwal R/o Asadi Ps Girab Dist. Barmer

----Respondents

For Appellant(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. Gourav Singh, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/05/2023

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 learned Special Judge, SC/ST

(Prevention of Atrocities) Cases, Barmer in Sessions Case

No.45/2017 whereby he was convicted and sentenced to

suffer maximum punishment of one year simple

imprisonment along with compensation fine of Rs.1,000/-

under Section 385 of IPC as well as Section 3(1)(r)(s) of

Prevention of Atrocities Act.

2. It is contended that the learned trial Judge has not

appreciated the correct, legal and factual aspects of the

[2023/RJJD/016025] (2 of 3) [SOSA-499/2023]

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. Hearing of the

appeal 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 by learned counsel for

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 advanced at bar and looking to

the totality of facts and circumstances of the case, 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, SC/ST

(Prevention of Atrocities) Cases, Barmer in Sessions Case

No.45/2017 against the appellant-applicant Nehpal Singh

S/o Leel Singh 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

[2023/RJJD/016025] (3 of 3) [SOSA-499/2023]

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 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 address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 297-Ashutosh/-

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