Bal Singh vs State Of Rajasthan
2023 Latest Caselaw 8515 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.379/2023 IN S.B. Criminal Revision Petition No. 1369/2023

Bal Singh S/o Shri Hamir Singh, Aged About 58 Years, R/o Khudi, P.s. Sam, Dist. Jaisalmer At Present Residing At Village Khariya, P.s. Jinjniyali, Tehsil And Dist. Jaisalmer (At Present Lodged In Dist. Jail, Jodhpur )

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Shri Pratap Narayan Sharma, The Then S.h.o. P.s. Desuri, Dist. Pali

----Respondents

For Petitioner(s) : Mr. Puna Ram Sen For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

13/10/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

18.03.2004 passed by the learned Judicial Magistrate, Desuri,

District Pali, in Criminal Original Case No.184/1984 whereby he

was convicted and sentenced to suffer rigorous imprisonment of

01 year under Section 4/9 of the Opium Act.

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 is likely to

(2 of 3)

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 learned counsel for the parties 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 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.

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, Desuri, District

Pali, who passed the impugned order 18.03.2004 in Criminal

Original Case No.184/1984 against the petitioner-applicant- Bal

Singh S/o Shri Hamir Singh shall remain suspended till final

disposal of the aforesaid revision 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 16.11.2023

(3 of 3)

and whenever ordered to do so till the disposal of the revision 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 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 14-Samvedana/-

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