Rajasthan High Court - Jodhpur
Tej Singh vs State Of Rajasthan on 5 October, 2023
Bench: Farjand Ali
[2023:RJ-JD:33020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
No.359/2023
IN
S.B. Criminal Revision Petition No. 1315/2023
1. Tej Singh S/o Sh. Poonamji, Aged About 51 Years, B/c-
Rajpurohit, R/o- Bhanwarani, Teh. Ahore, Dist. Jalore
(Raj.). (Presently Lodged In District Jail, Jalore)
2. Smt. Leela Devi W/o Sh. Kailash Bharti, Aged About 42
Years, B/c- Goswami, R/o- Bhanwarani, Teh. Ahore, Dist.
Jalore (Raj.). (Presently Lodged In District Jail, Jalore)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Tikam Singh S/o Sh. Nenji, B/c- Rajpurohit, R/o- Vill.
Thanwala, P.s. And Teh. Ahore, Dist. Jalore (Raj.).
----Respondents
For Petitioner(s) : Mr. Pradeep Shah
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/10/2023
The instant application for suspension of sentence has been
moved on behalf of the applicants in the matter of judgment dated
28.07.2022 passed by the learned Additional Judicial Magistrate
No.1, Jalore in Regular Criminal Case No.263/2014(CIS
No.5738/2014) whereby he was convicted and sentenced to suffer
maximum imprisonment of 03 years under Sections 420 & 419 of
IPC and lesser punishment for the other offences under Section
120-B.
[2023:RJ-JD:33020] (2 of 3)
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 revision is likely to
take long time, therefore, the application for suspension of
sentence may be granted.
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.
Heard and perused the material available on record.
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 evidence with
regard to the inducement and delivery of property would be
required to be appreciated again by this Court in view of
discrepancy appeared in the matter in this stage, the hearing of
revision 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 revision,
this court is of the opinion that it is a fit case for suspending the
sentence awarded to the accused-petitioner.
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 Additional Judicial Magistrate No.1,
[2023:RJ-JD:33020] (3 of 3)
Jalore who passed the impugned order 28.07.2022 in Regular
Criminal Case No.263/2014(CIS No.5738/2014) against the
petitioners-applicants namely Tej Singh S/o Sh. Poonamji and
Smt. Leela Devi W/o Sh. Kailash Bharti shall remain suspended till
final disposal of the aforesaid revision and they shall be released
on bail provided they execute a personal bond in the sum of
Rs.50,000/-with two sureties of Rs.25,000/- each to them 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 revision on the conditions indicated below:-
(1) That they will appear before the trial Court in the
month of January of every year till the revision is
decided.
(2) That if the applicant changes the place of residence,
they 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
210-Samvedana/-
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