Suraj @ Surya Prakash vs State Of Rajasthan ...
2023 Latest Caselaw 8910 Raj

[2023:RJ-JD:36962]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1192/2023

Suraj @ Surya Prakash S/o Shri Padam Singh, Aged About 40 Years, B/c Mali (Kachhawaha), R/o Nagauri Bera, Near Power House, Narayan Bhawan, Mandore, Police Station Mandore, Jodhpur. (At Present Lodged In Central Jail, Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Hardik Gautam Mr. Nitin Soni For Respondent(s) : Mr. A.R. Choudhary, PP

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 08.09.2023 passed by learned Additional Sessions

Judge, No.5, Jodhpur Metropolitan, District Jodhpur in

Criminal Case No.07/2019 whereby he was convicted and

sentenced to suffer maximum punishment of seven years

simple imprisonment along with compensation fine of

Rs.10,000/- under Section 7/25 (1A) of the Arms Act.

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

this court being the first appellate Court. Hearing of the

[2023:RJ-JD:36962] (2 of 3) [SOSA-1192/2023]

appeal is likely to take long time, therefore, the application

for suspension of sentence may be granted.

3. Per contra, learned Additional Government Advocate 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. The submissions with regard to the fact that the recovery in

this case is nothing but a farce and no independent witness

has corroborated the above fact, this Court is persuaded to

interfere in this matter since the entire accusation is based

on the recovery of the pistol. He was on bail during the trial

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 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.5, Jodhpur Metropolitan, District Jodhpur in Criminal Case

No.07/2019 against the appellant-applicant Suraj @ Surya

Prakash S/o Shri Padam Singh 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

[2023:RJ-JD:36962] (3 of 3) [SOSA-1192/2023]

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 01.12.2023 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 address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 140-Ashutosh/-

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