Rajasthan High Court - Jodhpur
Ashok Meghwal vs State Of Rajasthan on 4 September, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
No.1274/2022
IN
S.B. Criminal Appeal (Sb) No. 2107/2022
Ashok Meghwal S/o Shesha Ram, Aged About 61 Years, R/o
Alawas, P.s. Sojatroad, Dist. Pali At Present Tenant Kailashji
House, Front Of Vidhya Tent House, Mahamandir, Railway
Station, Jodhpur (Raj.). (At Present Confined In Central Jail
Jodhpur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Ramdev Rajpurohit
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/09/2023
The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
07.11.2022 passed by the learned Additional Sessiosns Judge, Pali
in Sessions Case No.36/2020 whereby he was convicted and
sentenced to suffer maximum imprisonment of 05 years under
Section 436 of IPC and lesser punishment under Section 3 of the
Prevention of Damage to Public Property Act.
It is contended on behalf of the applicant that the petitioner
is a medical officer and who was dutifully discharging his official
duty but some how his rivals had brought him in a deplorable
(2 of 3)
condition which perturbed him to such extent that he lost his
mental equilibrium and in such state the act had happened. It is
further submitted 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
appeal 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-applicant for
releasing the petitioner 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 total sentence is not
more than five years and he is behind the bars since 07.11.2022
and he had been through the course of the trail court but he
abuse was never reported of 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.
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 Additional Sessiosns Judge, Pali who
passed the impugned order 07.11.2022 in Sessions Case
(3 of 3)
No.36/2020 against the petitioner-applicant- Dr. Ashok Meghwal
S/o Shesha 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/-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 addresses, they
will give in writing their changed address to the trial
Court.
(FARJAND ALI),J
2-Samvedana/-
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