Rajasthan High Court
Tonu @ Virendra S/O Rameshchand vs State Of Rajasthan (2024:Rj-Jp:43039) on 10 October, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:43039]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1675/2024
In
S.B. Criminal Appeal No.1988/2024
Tonu @ Virendra S/o Rameshchand, R/o Near Shiv Mandir Kotri
P.s. Gumanpura Kota (Accused / Appellant Is In Central Jail
Kota)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Amit Dadhich
For Respondent(s) : Mr. Amit Punia, PP
For Complainant(s) : Mr. Pawan Kumar Verma
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
10/10/2024
1. Heard learned counsel for the applicant-appellant, learned
Public Prosecutor and learned counsel for the complainant on the
application for suspension of sentences.
2. The applicant-appellant herein h as been convicted for the
offences punishable under Sections 341, 323, 326/34 & 307/34 of
IPC vide judgment dated 05.08.2024 passed by learned Additional
Sessions Judge Women Atrocities Cases, No.2, Kota (Raj.) in
Sessions Case No. 108/2017 (CNR No.RJKT09-000279-2017) and
has been sentenced to maximum punishment of seven years.
3. It is submitted that learned trial court has erred in convicting
and sentencing the appellant as mentioned above. Learned trial
[2024:RJ-JP:43039] (2 of 4) [SOSA-1675/2024]
court has not appreciated the evidence in right and correct
perspective. Counsel submits that maximum sentence imposed by
the learned trial Court is seven years. Counsel submits that
benefit of suspension of execution of sentence has already been
granted to co-accused persons namely Shivraj Yadav and Deva @
Devdas in separate appeal by this Court. He relies upon the
judgment passed by Hon'ble Apex Court in the case of Bhagwan
Rama Shinde Gosai & Ors. Vs. State of Gujarat reported in
(1999) 4 SCC 421 wherein, it has been held that when a convicted
person is sentenced to fixed period of sentence and when he files
appeal under any statutory right, suspension of sentence can be
considered by the appellate court liberally unless there are
exceptional circumstances. It is further submitted that applicant-
appellant was on bail during trial & there is no allegation against
him of misusing the liberty of bail. He argues that there is no
immediate prospect of early hearing and disposal of the appeal.
4. Learned State counsel as well as learned counsel for the
complainant vehemently oppose the application for suspension of
execution of sentence.
5. Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
as available on the record, especially the fact that maximum term
of sentence is seven years & also considering the judgment
passed by Hon'ble Apex Court in the case of Bhagwan Rama
Shinde Gosai (supra); during trial appellant was on bail and
hearing of the appeal will take long time, but without making any
comment on the merits/demerits of the case, this Court is of the
opinion that the appellant has available to him strong grounds to
[2024:RJ-JP:43039] (3 of 4) [SOSA-1675/2024]
assail the impugned judgment of conviction and sentence. Thus, it
is a fit case for suspending the sentences awarded to the accused
appellant during pendency of the instant appeal.
6. Accordingly, the application for suspension of sentence filed
under Section 430 BNSS is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge
Women Atrocities Cases, No.2, Kota (Raj.) vide judgment dated
05.08.2024 in Sessions Case No. 108/2017 (CNR No.RJKT09-
000279-2017) against the appellant-applicant Tonu @ Virendra
S/o Rameshchand 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 12.11.2024 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 address(s),
she will give in writing her changed address to the
trial Court.
7. The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
[2024:RJ-JP:43039] (4 of 4) [SOSA-1675/2024]
Criminal Misc. Case related to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused applicant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(ANIL KUMAR UPMAN),J
LALIT MOHAN /78
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