Jasveer Singh @ Jangir Singh vs State Of Rajasthan
2023 Latest Caselaw 9084 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.439/2023

IN

S.B. Criminal Revision Petition No. 1510/2023

Jasveer Singh @ Jangir Singh S/o Sh. Daleep Singh, Aged About 38 Years, R/o 32 Ssw, Fatehgarh Godara Baas, P.S. Hanumangarh Junction, Distt. Hanumangarh (Raj.) (At Present Lodged In Dist. Jail, Hanumangarh)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Licchman Ram S/o Sahiram Bawri, Aged About 39 Years, R/o Rawla Chak 1 Kst Tehsil Rawla Dist. Sriganganagar Raj.

                                                                    ----Respondents


For Petitioner(s)             :    Mr. B.S. Sandhu
For Respondent(s)             :    Mr. A.R. Choudhary, PP



               HON'BLE MR. JUSTICE FARJAND ALI

                                         Order

04/11/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 11.07.2018 passed by the learned Judicial Magistrate,

Pilibanga, District- Hanumangarh in Criminal Case

No.138/2006 (CIS No.665/2014) whereby he was convicted

and sentenced to suffer maximum punishment of one year

simple imprisonment along with fine of Rs.8,000/-under

Section 304-A of IPC and lesser punishment for the other

offences under Section 279 IPC.

(2 of 3) [SOSR-439/2023]

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

petition 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. Upon consideration of the submissions of learned counsel for

the parties and looking to the totality of facts and

circumstances of the case, more particularly the fact that

hearing of revision petition 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 petition, this Court is of the opinion

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

the accused-petitioner.

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,

Pilibanga, District- Hanumangarh in Criminal Case

No.138/2006 (CIS No.665/2014) against the petitioner-

(3 of 3) [SOSR-439/2023]

applicant- Jasveer Singh @ Jangir Singh shall remain

suspended till final disposal of the aforesaid revision petition

and he shall be released on bail provided each 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 revision

petition on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the revision is decided.

2. That if the applicant change the place of residence, he will give in writing his 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 138-Ashutosh/-

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