Rajasthan High Court - Jodhpur
Dharmendra @ Jhandu @ Tehandiya vs State Of Rajasthan on 6 September, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.1089/2023
In
S.B. Criminal Appeal (Sb) No. 1798/2023
1. Karni Singh S/o Bal Ram, Aged About 38 Years, R/o Ward
No. 9 Natha Vali Thedi Police Station Hanumangarh Town
District Hanumangarh. (At Present Lodged In District Jail,
Hanumangarh)
2. Trilok Ram S/o Surja Ram, Aged About 31 Years, R/o
Ward No. 8 Natha Vali Thedi Police Station Hanumangarh
Town District Hanumangarh. (At Present Lodged In
District Jail, Hanumangarh)
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc. Suspension of Sentence Application
No.926/2023
In
S.B. Criminal Appeal (Sb) No. 1527/2023
Dharmendra @ Jhandu @ Tehandiya S/o Begraj, Aged About 21
Years, R/o Ward No. 09 Nathawali Thedi Ps Hanumangarh Town
Dist. Hanumangarh (At Present Lodged At Dist. Jail
Hanumangarh)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Jitendra Ojha
Mr. Achala Ram
For Respondent(s) : Mr. S.K. Bhati, P.P.
Mr. Nishant Motsara
HON'BLE MR. JUSTICE FARJAND ALI
(2 of 4)
Order
06/09/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicants in the matter of judgment dated
12.07.2023 passed by the learned Additional Session Judge No.1
Hanumangarh in Criminal (Session) Case No.4/21 CIS No.4/2021
whereby they were convicted and sentenced to suffer maximum
imprisonment of five years' simple imprisonment along with a fine
of Rs.5,000/- each under Section 458 of IPC as well as under
Section 459 of IPC and lesser punishment for the other offences
under Sections 341, 323/34 and 325/34 of 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
conclusion of guilt, therefore, the same is required to be
appreciated again by 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 on behalf of 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. Considering the submission made by learned counsel for the
appellants that there was no previous animosity and the dispute
arose in between the neighbors suddenly, in which, the parties
(3 of 4)
had skirmished on the spot as a consequence of which, the victim
sustained one grievous injury which is neither dangerous to life
nor the gravity of which is of so magnitude so as to dis entitle
them to be released on bail during the pendency of the appeal.
6. Looking to the totality of facts and circumstances of the
case, more particularly the facts that they were on bail during the
course of trial, 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-
appellants.
7. 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 Session Judge No.1
Hanumangarh in Criminal (Session) Case No.4/21 CIS No.4/2021
who passed the impugned order dated 12.07.2023 in Criminal
(Session) Case No.4/21 CIS No.4/2021 against the appellant-
applicants- Karni Singh S/o Bal Ram, Trilok Ram S/o Surja
Ram and Dharmendra @ Jhandu @ Tehandiya S/o Begraj
shall remain suspended till final disposal of the aforesaid appeal
and they shall be released on bail provided each of them execute
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
their appearance in this court on 06.10.2023 and whenever
(4 of 4)
ordered to do so till the disposal of the appeal on the conditions
indicated below:-
(1) That they will appear before the trial Court in the
month of January of every year till the appeal is decided.
(2) That if the applicants change the place of residence,
they will give in writing their 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
259-260 divya/-
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