Allarakha vs State Of Rajasthan
2023 Latest Caselaw 5011 Raj

[2023/RJJD/016498]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application (Appeal) No.504/2023

IN

S.B. Criminal Appeal No. 764/2023

Allarakha S/o Hanif @ Kalu, Aged About 25 Years, R/o Ward No. 15, Rodawali, Teh. And Dist. Hanumangarh. (Presently Lodged In Dist. Jail, Hanumangarh)

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

----Respondent

For Appellant(s) : Mr. Jitender Singh Khinchi For Respondent(s) : Mr. A.R. Choudhary, PP

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 11.05.2023 passed by learned Additional District

Judge, No.1, Hanumangarh in Sessions Case No.28/2021

(CIS No.11/2020) whereby he was convicted and sentenced

to suffer maximum punishment of five years simple

imprisonment along with compensation fine of Rs.5,000/-

under Section 304/34 and lesser punishment for the other

offences punishable under Section 341, 323/34 and 325/34

of IPC.

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

appreciated the correct, legal and factual aspects of the

[2023/RJJD/016498] (2 of 3) [SOSA-504/2023]

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 Public Prosecutor 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 submission that as per the allegation

levelled by the victim, the injuries were allegedly inflicted by

the appellant by sword and Kapa which are sharp edged

weapon, however, the injuries have been said to be caused

by a blunt object as per the medical opinion, thus, there is a

direct conflict between medical and ocular evidence. The

petitioner has strong arguable case in his favour. 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 Additional District Judge,

No.1, Hanumangarh in Sessions Case No.28/2021 (CIS

[2023/RJJD/016498] (3 of 3) [SOSA-504/2023]

No.11/2020) against the appellant-applicant Allarakha S/o

Hanif @ Kalu 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

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 235-Ashutosh/-

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