Umesh vs State Of Rajasthan
2023 Latest Caselaw 7912 Raj

[2023:RJ-JD:32487]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1261/2023 IN S.B. Criminal Appeal (Sb) No. 2077/2023

1. Umesh S/o Sh. Nan Ji, Aged About 27 Years, R/o Juni Fatan, P.s. Kalinjara Dist. Banswara (Raj.) (Lodged In Central Jail, Udaipur)

2. Subhash S/o Sh. Jokha, Aged About 30 Years, R/o Juni Fatan, P.s. Kalinjara Dist. Banswara (Raj.) (Lodged In Central Jail Udaipur)

3. Kalu S/o Sh. Jokha, Aged About 45 Years, R/o Juni Fatan, P.s. Kalinjara Dist. Banswara (Raj.) (Lodged In Central Jail Udaipur)

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

----Respondent

For Appellant(s) : Mr. Prakash Chandra For Respondent(s) : Mr. Anees Bhurat, P.P.

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 applicants in the matter of judgment dated

23.08.2022 passed by the learned Session Judge, Banswara in

Sessions Case No.68/2018 whereby they were convicted and

sentenced to suffer maximum imprisonment of 05 years under

Section 3/8 of Rajasthan Bovine Animal Act and lesser punishment

for the other offences under Section 379 of IPC.

[2023:RJ-JD:32487] (2 of 3)

2. It is contended on behalf of the applicants 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 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-applicants for

releasing the petitioners on application for suspension of sentence.

4. Heard 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/fact that the 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-petitioners.

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 Session Judge, Banswara who passed

the impugned order 23.08.2022 in Sessions Case No.68/2018

against the petitioner-applicants namely- Umesh S/o Sh. Nan Ji,

Subhash S/o Sh. Jokha and Kalu S/o Sh. Jokha shall remain

[2023:RJ-JD:32487] (3 of 3)

suspended till final disposal of the aforesaid appeal and they shall

be released on bail provided and each of them execute a personal

bond in the sum of Rs.50,000/- (each to them) 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

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 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 53-Samvedana/-

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