Kanji vs State Of Rajasthan
2023 Latest Caselaw 8902 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application (Suspension of Sentence) No.434/2023

In

S.B. Criminal Revision Petition No. 1495/2023

Kanji S/o Shambuda, Aged About 48 Years, R/o- Toradiyapada, Police Thana Sadar, District, Banswara.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Rajmal Khdawat S/o Chagganlal Khadawat Jain, R/o-

Ghatol, Police Station Khamara, District Banswara.

                                                                    ----Respondents


For Petitioner(s)           :     Mr. Prakshit Nayak
For Respondent(s)           :     Mr. A.R. Choudhary, Dy.G.A.



              HON'BLE MR. JUSTICE FARJAND ALI

                                       Order

01/11/2023

1. The instant application for suspension of sentence has been

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

04.07.2023 passed by the learned Additional Sessions Judge,

Banswara in Criminal Appeal No.98/2018 whereby he was

convicted and sentenced to suffer imprisonment of 7 years under

Sections 457 and 380 of the IPC

2. It is contended on behalf of the applicant that the learned

trial Court as well as appellate Court have not appreciated the

correct, legal and factual aspects of the matter and thus, reached

at an erroneous conclusion of guilt. He was on bail during trial and

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did not misuse the liberty so granted to him; hearing of the

revision 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 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 facts that the accused-petitioner

was on bail during the course of trial and 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.

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 Additional Sessions Judge, Banswara

who passed the impugned order dated 04.07.2023 Criminal

Appeal No.98/2018 against the petitioner-applicant- Kanji S/o

Shambuda 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

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sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for his appearance in this court on 02.12.2023 and

whenever ordered to 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.

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 253-Mamta/-

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