Rinku @ Bathiya vs State Of Rajasthan ...
2023 Latest Caselaw 6821 Raj

[2023:RJ-JD:28039]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1096/2023

Rinku @ Bathiya S/o Mohanlal Meena, Aged About 27 Years, Adkalya, P.s. Salumbar, Dist. Udaipur (Raj.). (Presently Confined In Central Jail, Udaipur).

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

----Respondent

For Petitioner(s) : Mr. Prakash Kumar For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/09/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 01.02.2023 passed by learned Special Judge, SC/ST

(Prevention of Atrocities Cases), Udaipur in Special Sessions

Case No.11/2017 (CIS No.107/2017) whereby he was

convicted and sentenced to suffer maximum punishment of

10 years simple imprisonment along with compensation fine

of Rs.10,000/- under Section 304/149 of the IPC and lesser

punishment for the other offences punishable under Sections

147, 148, 336/149 and 323/149 of the IPC.

2. It is contended 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

[2023:RJ-JD:28039] (2 of 3) [SOSA-1096/2023]

this court being the first appellate Court. 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 by learned counsel for the

accused-applicant for releasing the appellant on application

for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. The statement of PW-4 Mukesh is revealing that the accused

Ajay Meena inflicted an injury to the deceased Jitendra, as a

consequence of which, he sustained head injury. It was a

case of stone pelting. It is not disputed that the similarly

situated co-accused, namely Pawan Harijan and Bhupesh

Lohar, have already been enlarged on bail by this Court and

the case of the present petitioner, the quality of evidence

and the nature of accusation are not distinguishable. In this

background, more particularly considering the facts that

hearing of appeal is likely to take further more time and 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-

appellant.

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

[2023:RJ-JD:28039] (3 of 3) [SOSA-1096/2023]

(Prevention of Atrocities Cases), Udaipur in Special Sessions

Case No.11/2017 (CIS No.107/2017) against the appellant-

applicant Rinku @ Bathiya S/o Mohanlal Meena 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 04.10.2023 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 address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 228-Ashutosh/-

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