Rajasthan High Court - Jodhpur
Shankarlal vs State on 12 September, 2023
Bench: Farjand Ali
[2023:RJ-JD:29171]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.326/2021
IN
S.B. Criminal Revision Petition No. 1092/2021
Shankarlal S/o Peeru, Aged About 52 Years, Village Nandla Teh.
Nasirabad Dist. Ajmer.
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
12/09/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 23.09.2014 passed by the learned Additional Chief
Judicial Magistrate No.01, Nimbahera District- Chittorgarh in
Criminal Regular Case No.02/1998 whereby he was convicted
and sentenced to suffer maximum punishment of two years
simple imprisonment under Section 304-A of IPC and lesser
punishment for the other offences under Section 279 of IPC as
well as Section 134/187 of M.V. Act.
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
[2023:RJ-JD:29171] (2 of 3) [SOSR-326/2021]
conclusion of guilt, therefore, the same is required to be
appreciated again by this Court. Hearing of the revision
petition 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 petitioner on application for suspension of
sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Upon consideration of the submissions of learned counsel for
the parties and looking to the totality of facts and
circumstances of the case, more particularly the fact that
hearing of revision petition 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 petition, this Court is of the opinion
that it is a fit case for suspending the sentence awarded to
the accused-petitioner.
6. 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.01, Nimbahera District- Chittorgarh in Criminal
Regular Case No.02/1998 against the petitioner-applicant-
Shankarlal S/o Peeru shall remain suspended till final
disposal of the aforesaid revision petition and he shall be
released on bail provided each executes a personal bond in
[2023:RJ-JD:29171] (3 of 3) [SOSR-326/2021]
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 12.10.2023 and whenever
ordered to do so till the disposal of the revision petition 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 change the place of
residence, he will give in writing his 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
192-Ashutosh/-
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