Gopiram vs State Of Rajasthan
2023 Latest Caselaw 7276 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.1160/2023

In

S.B. Criminal Appeal (SB) No. 1902/2023

Gopiram S/o Bhanwarlal, Aged About 40 Years, R/o Khetolai, Dist. Jaisalmer Presently Residing At Main Market, Tilak Nagar, Bikaner(Raj.

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

----Respondent

For Appellant(s) : Mr. Ashok Kumar Panwar For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

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

02.09.2023 passed by the learned Additional Sessions Judge No.2,

Bikaner in Sessions Case No.12/2016 (CIS No.188/2015) whereby

he was convicted and sentenced to suffer imprisonment of three

years' rigorous imprisonment under Section 3/25 of the Arms 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

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate Court. The

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sentence of the accused-appellant has already been suspended for

a period of one month. 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.

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, more particularly the facts that the accused-appellant

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-appellant.

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 Sessions Judge No.2,

Bikaner who passed the impugned order dated 02.09.2023 in

Sessions Case No. 12/2016 (CIS No.188/2015) against the

appellant-applicant- Gopiram S/o Bhanwarlal shall remain

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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.

(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 273-divya/-

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