Lalit Kumar vs State Of Rajasthan
2023 Latest Caselaw 8965 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.437/2023 IN S.B. Criminal Revision Petition No. 1506/2023

1. Lalit Kumar S/o Shri Dhalla Ram, Aged About 26 Years, R/o Bijowa Tehsil Rani Dist. Pali Raj. At Present Lodged In Sub Jail Desuri Dist. Pali Raj.

2. Dhalla Ram S/o Kupa Ram, Aged About 63 Years, R/o Bijowa Tehsil Rani Dist. Pali Raj.

----Petitioners Versus

1. State Of Rajasthan, Through PP

2. Sohan Lal S/o Shri Sankal Chand, B/c Sevak R/o Bijowa Tehsil Rani Dist. Pali Raj.

----Respondents

For Petitioner(s) : Mr. V.R. Choudhary For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI Order 02/11/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 13.09.2019 passed by the learned Judicial Magistrate,

Desuri, Dist. Pali in Criminal Regular Case No.917/2013 (CIS

No.2701/2014) whereby the appellants were convicted and

sentenced as under:

     Name of the Appellants       Offence for which convicted       Sentence and fine
                                  Section 304-A of the IPC         two years rigorous
                                                                   imprisonment and a
Lalit Kumar                                                        fine of Rs.1,000/-
                                  Section 279 of IPC               Six months simple
                                                                   imprisonment and a
                                                                   fine of Rs.5,00/-
                                  Section 337 of IPC               three months simple
                                                                   imprisonment and a
                                                                   fine of Rs.5,00/-

Section 03/181 of the M.V. One month simple Act imprisonment and a fine of Rs.5,00/-

Dhalla Ram Section 146/196 of the M.V. Fine of Rs.1,000/-

Act

(2 of 3) [SOSR-437/2023]

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. 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 petitioners on application for suspension of

sentence.

4. Heard 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 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-petitioners.

6. 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 Judicial Magistrate, Desuri,

Dist. Pali in Criminal Regular Case No.917/2013 (CIS

(3 of 3) [SOSR-437/2023]

No.2701/2014) against the petitioners-applicants- Lalit

Kumar S/o Shri Dhalla Ram and Dhalla Ram S/o Kupa

Ram shall remain suspended till final disposal of the aforesaid

revision and they shall be released on bail provided each of

them execute 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 their 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 they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicants change the place of residence, they will give in writing their changed addresses 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.

(FARJAND ALI),J 225-Ashutosh/-

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