Rajasthan High Court - Jodhpur
Deen Bandhu vs State Of Rajasthan (2023:Rj-Jd:40721) on 24 November, 2023
Author: Farjand Ali
Bench: Farjand Ali
[2023:RJ-JD:40721]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal) No. 825/2023
Deen Bandhu S/o Sh. Vaje Ram, Aged About 33 Years, R/o Vill.
Sada, P.s. Phalasiya, Dist. Udaipur (Raj.).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Gyan Jyoti
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/11/2023
1. The instant second application for suspension of sentence
has been moved on behalf of the applicant in the matter of
judgment dated 26.04.2023 passed by the learned Learned
Additional Sessions Judge No.4, Udaipur in Sessions Case
No.26/2016, whereby he was convicted and sentenced to suffer
maximum simple imprisonment of ten years along with a fine of
Rs.5,000/- under Section 307/149 of IPC and lesser punishment
for the other offences under Sections 148, 323/149, 324/149,
4/25 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 being the first appellate Court. It is
[2023:RJ-JD:40721] (2 of 3) [SOSA-825/2023]
further submits that 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 on behalf of 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 the injured Santosh in his
cross-examination admitted that the injury was inflicted to him by
accused - Devilal and 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 second 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, Udaipur who passed the impugned order dated
26.04.2023 in Sessions Case No. 26/2016 against the appellant-
applicant- Deen Bandhu shall remain suspended till final disposal
of the aforesaid appeal and he shall be released on bail provided
[2023:RJ-JD:40721] (3 of 3) [SOSA-825/2023]
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 21.12.2023 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 addresses, they
will give in writing their changed address to the trial
Court.
7. The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J
536-nitin/divya/-
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