Rajendran vs State Of Rajasthan
2023 Latest Caselaw 6739 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application

No.240/2023

IN

S.B. Criminal Revision Petition No. 909/2023

Rajendran S/o Rangan, Aged About 53 Years, R/o Seenkari Gudii Post Karigudi, Police Thana Tapor, Masoori, Dist. Tirchirapamli, Tamilnadu.

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Parikshit Nayak For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/09/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 09.04.2015 passed by learned Additional Chief Judicial

Magistrate, Banswara in Regular Criminal Case No.229/2011

whereby he was convicted and sentenced to suffer maximum

punishment of two year rigorous imprisonment along with

fine of Rs.5,000/-under Section 304A of IPC and lesser

punishment for other offences punishable under Section 279

of the 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

(2 of 3) [SOSR-240/2023]

conclusion of guilt, therefore, the same is required to be

appreciated again by this Court. Hearing of the revision

petition is likely to take long time, therefore, the application

for suspension of sentence may be granted.

3. Per contra, learned Additional Government Advocate 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. Upon consideration of the submissions of learned counsel for

the parties and looking to the totality of facts and

circumstances of the case, more particularly the facts,

hearing of revision petition 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 petition, 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 Additional Chief Judicial

Magistrate, Banswara in Regular Criminal Case No.229/2011

against the petitioner-applicant- Rajendran S/o Rangan

shall remain suspended till final disposal of the aforesaid

revision petition and he shall be released on bail provided

each executes a personal bond in the sum of Rs.50,000/-

(3 of 3) [SOSR-240/2023]

with two sureties of Rs.25,000/- each to the satisfaction of

the learned trial Judge for his appearance in this Court on

03.10.2023 and whenever ordered to do so till the disposal

of the revision petition 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 change the place of residence, he will give in writing his changed addresses 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 97-Ashutosh/-

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