Gordhanram @ Goru vs State Of Rajasthan
2023 Latest Caselaw 7014 Raj

[2023:RJ-JD:28639]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1103/2023 IN S.B. Criminal Appeal (Sb) No. 1810/2023

Gordhanram @ Goru S/o Chhogaram, Aged About 20 Years, Bhaavta, Dist. Nagaur, Raj.

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

----Respondent

For Appellant(s) : Mr. Devendra Mahalana For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

11/09/2023 The instant application for suspension of sentence has been

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

03.08.2023 passed by the learned Additional Sessions Judge, Pali

in Sessions Case No.39/2019 (CIS No.39/2019) whereby he was

convicted and sentenced to suffer maximum imprisonment of 02

years under Section 411 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

appreciated again by this court. He was on bail during trial and did

not misuse the liberty so granted to him; hearing of the appeal is

likely to take long time, therefore, the application for suspension

of sentence may be granted.

 [2023:RJ-JD:28639]                     (2 of 3)



      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 the accused-

petitioner was on bail during the course of trial 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 Sessions Judge, Pali who

passed the impugned order 03.08.2023 in Sessions Case

No.39/2019 (CIS No.39/2019) against the petitioner-applicant-

Gordhanram @ Goru S/o Chhogaram 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 11.10.2023 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

[2023:RJ-JD:28639] (3 of 3)

(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 4-Samvedana/-

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