Chutra Ram vs State Of Rajasthan ...
2023 Latest Caselaw 5118 Raj

[2023/RJJD/016750]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 418/2023

Chutra Ram S/o Jeta Ram, Aged About 37 Years, B/c Bheel, R/o Nohadiyo Ki Basti Sanvlore Police Station Chohtan, District Barmer. (At Present Lodged In District Jail, Barmer)

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

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha 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 19.04.2023 passed by learned Additional Sessions

Judge, No.2, Barmer in Criminal (Sessions) Case No.64/2015

(142/2013) whereby he was convicted and sentenced to

suffer maximum punishment of three years simple

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

under Section 459 of IPC and lesser punishment for the

other offences punishable under Section 323, 325 and 354 of

IPC.

2. 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

[2023/RJJD/016750] (2 of 3) [SOSA-418/2023]

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 submissions of learned counsel for the

parties and looking to the totality of facts and circumstances

of the case, more particularly the fact that 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 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 Sessions Judge,

No.2, Barmer in Criminal (Sessions) Case No.64/2015

(142/2013) against the appellant-applicant Chutra Ram

S/o Jeta 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

[2023/RJJD/016750] (3 of 3) [SOSA-418/2023]

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 100-Ashutosh/-

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