Suresh vs State Of Rajasthan
2023 Latest Caselaw 9032 Raj

Citation : 2023 Latest Caselaw 9032 Raj
Judgement Date : 3 November, 2023

Rajasthan High Court - Jodhpur

Suresh vs State Of Rajasthan on 3 November, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc. Application Suspension of Sentence No.1361/2023.

In S.B. Criminal Appeal (Sb) No. 2212/2023

Suresh S/o Khema Gameti Aged About 28 years, R/o Vijaysingh Pathik Nagar, Savina, udaipur (Presently lodged at District Jail, Udaipur).

----Appellant

Versus

1. State Of Rajasthan

2. Mukesh S/o Udai Lal Gamti, R/o Ambafala, P.S. Hiranmagri, District Udaipur.

                                                                ----Respondent


For Appellant(s)          :    Mr. R.S. Rawal
For Respondent(s)         :    Mr. Gaurav Singh, PP
Mr.

             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

03/11/2023

1. The instant application for suspension of sentence has been

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

01.02.2023 passed by the learned Special Judge, SC/ST

(Prevention of Atrocities) Act Cases, Udaipur in Sessions Case

No.11/2016 whereby he was convicted and sentenced to suffer

maximum imprisonment of 10 years under Section 304/149 of the

IPC and lesser punishment for the other offences under Sections

147, 148, 336/149 and 323/149 of the IPC.

(2 of 4) [SOSA-1361/2023]

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

appellant is in jail since his date of arrest. He further submits that

sentences of co-accused persons namely Pawan Kumar, Bhupesh

Lohar, Dinesh and Rinku @ Bothiya have already been suspended

by this Court vide orders dated 16.08.2023, 24.08.2023 and

04.09.2023 passed in S.B. Criminal Misc. Suspension of Sentence

Applications No.149/2023, 148/2023, 570/2023 and 1096/2023

and the case of the present applicant-appellant is also similar to

those whose sentences have already been suspended, therefore

his sentence may also be suspended.

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 facts that the accused-appellant is

in jail since his arrest and sentences of the other co-accused

named above have already been suspended by this Court and the

case of the present accused is not distinguishable from the co-

accused, therefore while maintaining parity and looking to the fact

that the hearing of appeal is likely to take further more time and

considering the overall submissions, this court is of the opinion

(3 of 4) [SOSA-1361/2023]

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 SC/St (Prevention of Atorcities) Act

Cases, Udaipur who passed the impugned order dated 01.02.2023

in Sessions Case No.11/2016 against the appellant-applicant-

Suresh s/o Khema Gameti 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 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 04.12.2023

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.