Premchand vs State Of Rajasthan
2023 Latest Caselaw 7771 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No. 273/2023

In

S.B. Criminal Revision Petition No. 989/2023

Premchand S/o Jeetmal Salvi, Aged About 50 Years, Near Balaiyon Ki Kuyi, Chittorgarh (Raj.). (Presently Lodged In Central Jail, Udaipur).

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

----Respondent

For Petitioner(s) : Mr. Rajendra Singh Rathore For Respondent(s) : Mr. Aneesh Bhurat, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/10/2023

1. The instant application for suspension of sentence has been

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

10.03.2005 passed by the learned Judicial Magistrate Chittorgarh

in Criminal Regular Case No.777/2003 whereby he was convicted

and sentenced to suffer imprisonment of six months' simple

imprisonment along with a fine of Rs.1,000/- under Section 16/54

of Rajasthan Excise Act.

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

trial Court as well as appellate Court have not appreciated the

correct, legal and factual aspects of the matter and thus, reached

at an erroneous conclusion of guilt. Hearing of the revision is likely

(2 of 3)

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. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, the 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-

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 Chittorgarh who

passed the impugned order dated 10.03.2005 in Criminal Regular

Case No.777/2003 against the petitioner-applicant- Premchand

S/o Jeetmal Salvi shall remain suspended till final disposal of

the aforesaid revision 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 03.11.2023 and

(3 of 3)

whenever ordered to do so till the disposal of the revision 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.

(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 25-divya/-

Powered by TCPDF (www.tcpdf.org)