Patram vs State Of Rajasthan
2023 Latest Caselaw 9089 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1459/2023

IN

S.B. Criminal Appeal (SB) No. 2381/2023

1. Patram S/o Shri Hansraj, Aged About 45 Years, R/o Maliya PS Nohar Tehsil Nohar Dist. Hanumangarh

2. Pawan S/o Shri Rampratap, Aged About 30 Years, R/o Maliya Ps Nohar Tehsil Nohar Dist. Hanumangarh

3. Rakesh S/o Shri Dulichand, Aged About 35 Years, R/o Maliya Ps Nohar Tehsil Nohar Dist. Hanumangarh

4. Bagdawat Ram S/o Shri Dulichand, Aged About 45 Years, R/o Maliya Ps Nohar Tehsil Nohar Dist. Hanumangarh

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

----Respondent

For Appellant(s) : Mr. Sawai Singh Rajpurohit For Respondent(s) : Mr. A.R. Chodhary, 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 applicants in the matter of judgment

dated 16.10.2023 passed by the learned Special Judge,

SC/ST (Prevention of Atrocities) Cases, District Hanumangarh

in Criminal Misc. Case No.67/2014(CIS No.5735/2014)

whereby they were convicted and sentenced to suffer

maximum imprisonment of three years simple imprisonment

along with fine of Rs.10,000/- under Section 325 as well as

(2 of 3) [SOSA-1459/2023]

Section 308 of the IPC and lesser punishment for the other

offences under Sections 341 and 323 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. Hearing of the appeal 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 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 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-appellants.

(3 of 3) [SOSA-1459/2023]

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, SC/ST (Prevention

of Atrocities) Cases, District Hanumangarh in Criminal Misc.

Case No.67/2014(CIS No.5735/2014) against the appellant-

applicants- 1. Patram S/o Shri Hansraj, 2. Pawan S/o

Shri Rampratap, 3. Rakesh S/o Shri Dulichand,

4. Bagdawat Ram S/o Shri Dulichand 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 04.12.2023 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 131-Ashutosh/-

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