Kailashchandra vs State Of Rajasthan
2023 Latest Caselaw 7271 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application No. 338/2023

IN

S.B. Criminal Revision Petition No. 1199/2023

Kailashchandra S/o Shri Mishrilal Bairwa, Aged About 42 Years, R/o Dohariya Ps Phuliya Kalan Dist. Bhilwara Presently Lodged In Dist. Jail Shahpura Bhilwara

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Kailash S/o Shri Madanlal Bairwa, R/o Ps Phuliya Kalan Dist. Bhilwara

----Respondents

For Petitioner(s) : Mr. Pappa Ram Kumawat For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

15/09/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 25.09.2019 passed by the learned Judicial Magistrate,

Shahpura, District- Bhilwara in Sessions Case No.408/2013

whereby he was convicted and sentenced to suffer maximum

punishment of two years simple imprisonment along with fine

of Rs.2,000/-under Section 304-A of IPC and lesser

punishment for the other offences under Section 279 IPC.

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

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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. 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 Judicial Magistrate,

Shahpura, District- Bhilwara in Sessions Case No.408/2013

against the petitioner-applicant- Kailashchandra S/o Shri

Mishrilal Bairwa shall remain suspended till final disposal

of the aforesaid revision petition and he shall be released on

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bail provided each 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 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 277-Pramod/-

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