Kalu Ram vs State Of Rajasthan
2023 Latest Caselaw 8970 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1443/2023

IN

S.B. Criminal Appeal (SB) No.2346/2023

1. Kalu Ram S/o Shri Samira Ram, Aged About 30 Years, R/o Vill. Varali-Khuna-Fali Thandi-Beri PS Pindwara Dist. Sirohi Raj.

2. Veerama Ram S/o Shri Kesa Ram, Aged About 26 Years, R/o Vill. Varali-Khuna-Fali Thandi-Beri PS Pindwara Dist. Sirohi Raj.

3. Vela Ram S/o Shri Moti Ram, Aged About 30 Years, R/o Vill. Nanaka Nada Fali Thandi Beri PS Pindwara Dist. Sirohi Raj.

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

----Respondent

For Appellant(s) : Mr. Hitendra Singh For Respondent(s) : Mr. Abhishek Purohit, AGA

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 21.10.2023 passed by learned Special Judge, (Special

Court of Electricity Offence Act), Sirohi in Special Case

No.115/2019 (CIS No.115/2019) whereby they were

convicted and sentenced to suffer maximum imprisonment of

one year simple imprisonment along with fine of Rs. 10,000/-

(2 of 3) [SOSA-1443/2023]

under Sections 136 of the Electricity Act r/w Section 379 of

the 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. The sentence of the accused-appellants has already

been suspended by the trial court. They were on bail during

trial and did not misuse the liberty so granted to him;

hearing of the 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 on behalf of the

accused-applicant for releasing the appellants 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-

appellants were on bail during the course of trial and the

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

(3 of 3) [SOSA-1443/2023]

that it is a fit case for suspending the sentence awarded to

the accused-appellants.

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 Special Judge, (Special Court of

Electricity Offence Act), Sirohi in Special Case No.115/2019

(CIS No.115/2019) against the appellants-applicants- Kalu

Ram S/o Shri Samira Ram, Veerama Ram S/o Shri

Kesa Ram and Vela Ram S/o Shri Moti Ram shall remain

suspended till final disposal of the aforesaid appeal 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 appeal 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 19-Ashutosh/-

Powered by TCPDF (www.tcpdf.org)