Rajasthan High Court - Jodhpur
Shanker Lal vs State Of Rajasthan on 4 October, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.344/2023
IN
S.B. Criminal Revision Petition No. 1225/2023
Shanker Lal S/o Shri Lalu Regar, Aged About 37 Years, R/o
Amalda, Shakkergarh Police Station, Bhilwara, District Bhilwara.
(Confined In District Jail, Bhilwara)
----Petitioner
Versus
1. State of Rajasthan, Through PP
2. Kailash S/o Dhanna Lal Daroga, R/o Amalda, Shakkergarh
Police Station, Bhilwara, District Bhilwara.
----Respondents
For Petitioner(s) : Mr. J.K. Haniya
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 03.09.2021 passed by the learned Judicial Magistrate,
Jahajpur, District Bhilwara in Criminal Regular Case
No.4/2012 whereby he was convicted and sentenced to
suffer maximum punishment of two year simple
imprisonment along with fine of Rs.2,000/-under Section
304-A of IPC and lesser punishment for the other offences
punishable under Sections 287, 336, 337 and 338 of the IPC.
(2 of 3) [SOSR-344/2023]
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 Additional Government Advocate 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 facts,
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,
Jahajpur, District Bhilwara in Criminal Regular Case
No.4/2012 against the petitioner-applicant- Shanker Lal
(3 of 3) [SOSR-344/2023]
S/o Shri Lalu Regar 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 06.11.2023 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
102-Ashutosh/-
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