Umardan vs State Of Rajasthan
2023 Latest Caselaw 6857 Raj

[2023:RJ-JD:28214]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.305/2023 IN S.B. Criminal Revision Petition No. 1093/2023

Umardan S/o Jethudan, Aged About 68 Years, R/o Kharal Tehsil Sayla Ps Sayla Dist. Jalore (At Present Lodged In Dist. Jail Jalore)

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

----Respondent

For Petitioner(s) : Mr. Sravan Kumar Sainee For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

05/09/2023 The instant application for suspension of sentence has been

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

20.10.2022 passed by the learned Additional Chief Judicial

Magistrate No.2, Jalore in Criminal Original Case No.2268/2016

whereby he was convicted and sentenced to suffer maximum

imprisonment of 02 years under Section 304 A of IPC and lesser

punishment for the other offences under Sections 337 & 379 of

IPC.

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

[2023:RJ-JD:28214] (2 of 3)

appreciated again by this court. The sentence of the accused-

petitioner has already been suspended by the trial court. He was

on bail during trial and did not misuse the liberty so granted to

him; 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-applicant for

releasing the petitioner on application for suspension of sentence.

Heard learned counsel for the parties 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 that the accused-petitioner

was on bail during the course of trial and 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 Chief Judicial Magistrate

No.2, Jalore who passed the impugned order 20.10.2022 in

Criminal Original Case No.2268/2016 against the petitioner-

applicant- Umardan S/o Jethudan shall remain suspended till

[2023:RJ-JD:28214] (3 of 3)

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 05.10.2023 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 301-Samvedana/-

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