Hukam Singh vs State Of Rajasthan
2023 Latest Caselaw 7907 Raj

Citation : 2023 Latest Caselaw 7907 Raj
Judgement Date : 4 October, 2023

Rajasthan High Court - Jodhpur

Hukam Singh vs State Of Rajasthan on 4 October, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Criminal Misc. Suspension of Sentence Application No.346/2023

In

S.B. Criminal Revision Petition No. 1242/2023

1. Hukam Singh S/o Anantram, Aged About 48 Years, B/c Mali, R/o Near Chanpaul, In Front Of Vidhyashala, Jhalechi, Jhalra, Police Station Sursagar, Dist. Jodhpur. (At Present Central Jail, Jodhpur)

2. Smt. Hemlata @ Nirmala W/o Hukam Singh, Aged About 45 Years, B/c Mali, R/o Near Chanpaul, In Front Of Vid- hyashala, Jhalechi, Jhalra, Police Station Sursagar, Dist. Jodhpur. (At Present Central Jail, Jodhpur)

----Petitioners Versus

1. State Of Rajasthan, Through PP

2. Bank Of Baroda, Through Its Manager, Branch Sojati Gate, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Anil Kumar Singh For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/10/2023

1. The instant application for suspension of sentence has been

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

24.03.2018 passed by the learned Additional Chief Metropolitan

Magistrate, (C.B.I. Cases), Jodhpur Metropolitan, Jodhpur in

Criminal Regular Case No.207/2010 whereby they were convicted

and sentenced to suffer maximum imprisonment of five years'

simple imprisonment along with a fine of Rs.20,000/- under Sec-

(2 of 3)

tion 467 of IPC and lesser punishment for the other offences un-

der Sections 120B, 420, 468, 471, 419 and 474 of IPC.

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

trial Judge has not appreciated the correct, legal and factual as-

pects of the matter and thus, reached at an erroneous conclusion

of guilt, therefore, the same is required to be appreciated again by

this court. He was on bail during trial and did not misuse the lib-

erty so granted to him; hearing of the revision is likely to take

long time, therefore, the application for suspension of sentence

may be granted.

3. Per contra, learned public prosecutor has vehemently op-

posed the prayer made on behalf of the accused-applicant for re-

leasing the petitioner on application for suspension of sentence.

4. Heard and perused the material available on record.

5. Considering the submissions of learned counsel for the par-

ties and looking to the totality of facts and circumstances of the

case, more particularly the facts that the accused-petitioner was

on bail during the course of trial and the hearing of revision is

likely to take further more time and considering the overall sub-

missions 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 sen-

tence 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

(3 of 3)

sentence passed by learned Additional Chief Metropolitan Magis-

trate, (C.B.I. Cases), Jodhpur Metropolitan, Jodhpur who passed

the impugned order dated 24.03.2018 in Criminal Regular Case

No.207/2010 against the petitioner-applicant- Hukam Singh S/o

Anantram and Smt. Hemlata @ Nirmala W/o Hukam Singh

shall remain suspended till final disposal of the aforesaid revision

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 03.11.2023 and whenever or-

dered to do so till the disposal of the revision on the conditions in-

dicated 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.