Daulat Ram @ Daula Dangi vs State Of Rajasthan
2023 Latest Caselaw 5008 Raj

[2023/RJJD/016505]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.106/2023

In

S.B. Criminal Revision Petition No. 462/2023

Daulat Ram @ Daula Dangi S/o Hari Ram Dangi, Aged About 31 Years, R/o Odwadiya, Police Station Dabok, District Udaipur. (At Present Lodged In Central Jail, Udaipur)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Love Jain For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

25.10.2018 passed by the learned Judicial Magistrate No.2, City

South, Udaipur in Regular Criminal Case No.321/2011 whereby he

was convicted and sentenced to suffer imprisonment of three

years' simple imprisonment along with a fine of Rs.5,000/- under

Section 420 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. Hearing of the revision is likely to

[2023/RJJD/016505] (2 of 3)

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 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 face that 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 Judicial Magistrate No.2, City South,

Udaipur who passed the impugned order dated 25.10.2018 in

Regular Criminal Case No.321/2011 against the petitioner-

applicant- Daulat Ram @ Daula Dangi S/o Hari Ram Dangi

shall remain suspended till final disposal of the aforesaid revision

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 this court on 19.06.2023 and whenever ordered to

[2023/RJJD/016505] (3 of 3)

do so till the disposal of the revision 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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 240-Ashutosh/-

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