Rajasthan High Court - Jodhpur
Pukharam vs State Of Rajasthan ... on 23 May, 2023
Bench: Farjand Ali
[2023/RJJD/016752]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 424/2023
1. Pukharam S/o Ira Ram, Aged About 45 Years, Adopted
S/o Kola Ram, R/o Jangwas Bhacharna, Luni Police
Station, District Jodhpur. (Lodged In Central Jail,
Jodhpur)
2. Jaikishan S/o Ira Ram, Aged About 35 Years, R/o
Jangwas Bhacharna, Luni Police Station, District Jodhpur.
(Lodged In Central Jail, Jodhpur)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. B.R. Bishnoi
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
23/05/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 20.04.2023 passed by learned Additional Sessions
Judge, No.4, Jodhpur in Sessions Case No.184/2018
whereby he was convicted and sentenced to suffer maximum
punishment of seven years rigorous imprisonment along with
compensation fine of Rs.10,000/- under Section 307/34 of
IPC and lesser punishment for the other offences under
Section 452/34 and 323/34 of IPC.
[2023/RJJD/016752] (2 of 3) [SOSA-424/2023]
2. Learned counsel for the appellant No.2 Jaikishan does not
want to press the instant application for suspension of
sentence.
3. Accordingly, the instant application for suspension of
sentence is dismissed qua the appellant No.2 Jaikishan as
not pressed.
4. As far as the case of appellant No.1 Pukharam is concerned,
it is contended 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. Hearing of the
appeal is likely to take long time, therefore, the application
for suspension of sentence may be granted.
5. Per contra, learned Additional Government Advocate has
vehemently opposed the prayer made by learned counsel for
the accused-applicant for releasing the appellant No.1
Pukharam on application for suspension of sentence.
6. Heard learned counsel for the parties and perused the
material available on record.
7. Looking to the totality of facts and circumstances of the
case, more particularly the facts that the accused-appellant
No.1 was 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 Court is of the opinion that it is a
[2023/RJJD/016752] (3 of 3) [SOSA-424/2023]
fit case for suspending the sentence awarded to the accused-
appellant No.1 Pukharam.
8. 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 Sessions Judge,
No.4, Jodhpur in Sessions Case No.184/2018 against the
appellant-applicant Pukharam S/o Ira Ram 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 23.06.2023 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
101-Ashutosh/-
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