Ramesh Kumar vs State Of Rajasthan
2023 Latest Caselaw 7916 Raj

[2023:RJ-JD:32630]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.892/2023 IN S.B. Criminal Appeal (Sb) No. 1438/2023

Ramesh Kumar S/o Bhalla Ram, Aged About 29 Years, Gadra Road, Dist. Barmer.

                                                                    ----Appellant
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Appellant(s)            :    Mr. R.J. Punia
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 applicant in the matter of judgment dated

10.07.2023 passed by the learned Special Judge SC/ST (POA)

Cases, Barmer in Sessions Case No.248/2016 (209/2018)

whereby he was convicted and sentenced to suffer maximum

imprisonment of 03 years under Section 329 of IPC and lesser

punishment for the other offences under Sections 327 & 341 of

IPC.

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. The sentence of the accused-

[2023:RJ-JD:32630] (2 of 3)

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 has 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

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 Special Judge SC/ST (POA) Cases,

Barmer who passed the impugned order 10.07.2023 in Sessions

Case No.248/2016 (209/2018) against the petitioner-applicant-

Ramesh Kumar S/o Bhalla Ram 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/-

[2023:RJ-JD:32630] (3 of 3)

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 39-Samvedana/-

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