Babudiya @ Babulal vs State Of Rajasthan
2023 Latest Caselaw 7217 Raj

Citation : 2023 Latest Caselaw 7217 Raj
Judgement Date : 14 September, 2023

Rajasthan High Court - Jodhpur

Babudiya @ Babulal vs State Of Rajasthan on 14 September, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.1162/2023

S.B. Criminal Appeal (Sb) No. 1904/2023

Babudiya @ Babulal S/o Sh. Amariya, Aged About 31 Years, R/o Rayata, P.s. Begun, Dist. Chittorgarh (At Present Lodged In Judicial Custody At Sub Jail Mandalgarh, Dist. Bhilwara)

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

----Respondent

For Appellant(s) : Mr. Amit Gaur For Respondent(s) : Mr. M. Khan, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

14/09/2023

1. The instant application for suspension of sentence has been

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

14.02.2023 passed by the learned Additional District & Session

Judge, Begun, District Chittorgarh in Sessions Case No.04/2021

whereby he was convicted and sentenced to suffer maximum

imprisonment of ten years' rigorous imprisonment along with a

fine of Rs.10,000/- under Section 399 of IPC and lesser

punishment for the other offences under Sections 402, 332 and

353 of IPC.

2. Learned counsel for the appellant submits that the

prosecution has utterly failed to establish the fact that the

(2 of 4)

appellant was making preparation for committing dacoity or he

made an attempt to commit the offence, rather the entire case of

the prosecution hinges upon the anticipation of the Police Officers.

In fact non active role of the accused has been shown at the time

of his apprehension. He was not found at the place where the

projected dacoity was about to be committed. The learned trial

Court has failed to appreciate the correct, legal and factual aspect

of the matter and thus, committed an error of law and fact in

reaching on finding of guilt. 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 submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, 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-

appellant.

(3 of 4)

6. 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 District & Session Judge,

Begun, District Chittorgarh who passed the impugned order dated

14.02.2023 in Sessions Case No. 04/2021 against the appellant-

applicant- Babudiya @ Babulal S/o Sh. Amariya 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 16.10.2023 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.