Champa Lal vs State Of Rajasthan
2023 Latest Caselaw 7914 Raj

[2023:RJ-JD:32489]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1249/2023 IN S.B. Criminal Appeal (Sb) No. 2062/2023

Champa Lal S/o Shri Bhagwan Lal, Aged About 42 Years, R/o Fatehpura, Police Station Bhadesar, District Chittorgarh. (At Present Lodged In Sub Jail, Nimbahera)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Bheru Lal S/o Laxman, R/o Fatehpura, P.s. Bhadesar, Dist.

Chittorgarh.

                                                                 ----Respondents


For Appellant(s)           :    Mr. R.K. Charan
For Respondent(s)          :    Mr. Anees Bhurat, P.P.
                                Ms. Sampati Choudhary



                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

15.09.2023 passed by the learned Additional Sessions Judge No.2,

Nimbahera, District Chittorgarh in Sessions Case No.10/2018

(50/2016) (CIS No.51/2016) whereby he was convicted and

sentenced to suffer maximum imprisonment of 05 years under

Section 308 of IPC and lesser punishment for the other offences

under Sections 341 & 323 of IPC.

2. Learned counsel for the applicant submits that the applicant

has been convicted under Section 308 of IPC. It is concluded by

the learned trial Court that the victim - Bheru Lal had received a

[2023:RJ-JD:32489] (2 of 3)

grievous injury on his skull and a fracture was noticed threin,

however, the radiologist has not been produced by the prosecution

to prove the X-ray report Ex.P-3. Thus, the primary evidence has

been withheld and it is a moot question whether in absence of

expert's opinion with regard to the nature of injury whether the

injury can be considered as grievous. 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. The sentence of

the accused-petitioner has already been suspended by the trial

court. He was on bail during trial and did not misuse the liberty so

granted to him; 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 and learned counsel for

the complainant have vehemently opposed the prayer made on

behalf of the accused-applicant for releasing 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

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts/fact that the accused-

petitioner was on bail during the course of trial and the hearing of

appeal is likely to take further more time and considering the

overall submissions while refraining from passing any comments

[2023:RJ-JD:32489] (3 of 3)

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-petitioner.

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 Additional Sessions Judge No.2,

Nimbahera, District Chittorgarh who passed the impugned order

15.09.2023 in Sessions Case No.10/2018 (50/2016) (CIS

No.51/2016) against the petitioner-applicant- Champa Lal S/o Shri

Bhagwan Lal shall remain suspended till final disposal of the

aforesaid appeal 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

whenever ordered to do so till the disposal of the appeal 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 50-Samvedana/-

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