Rajasthan High Court
Deepak S/O Vishamber Dayal vs State Of Rajasthan (2024:Rj-Jp:44684) on 23 October, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JP:44684]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1671/2023
Deepak S/o Vishamber Dayal, R/o Behind Gopal Takiz, Kabir
Colony, Police Station Kotwali, Alwar Rajasthan (At Present In
Central Jail Alwar)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Bihari Lal S/o Late Jay Kishan, R/o Behind Gopal Takies,
Police Station Kotwali, District Alwar, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ankit Sharma
For Respondent(s) : Mr. Manvendra Singh, PP
HON'BLE MR. JUSTICE FARJAND ALI
(Through Video Conferencing)
Order
23/10/2024
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 08.09.2021 passed by the learned Additional District
and Sessions Judge No.02, Alwar in Sessions Case
No.55/2013 whereby he was convicted and sentenced to
suffer maximum imprisonment of 10 years under Sections
307 & 326 of IPC and lesser punishment for the other
offences under Sections 323 & 341 of IPC.
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
[2024:RJ-JP:44684] (2 of 4) [SOSA-1671/2023]
appreciated again by this court. 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 petitioner on application for suspension of
sentence.
4. Heard and perused the material available on record.
5. The appeal has already been admitted. For making a further
appreciation of the evidence and for which record has been
summoned. While hearing an appeal against the judgment of
conviction and order of sentence, this Court is supposed to
make a further appreciation of evidence after making thread
bare discussion of the evidence brought on record. The
grounds raised in the appeal includes the ground that the
appellant was not having an intent to kill the victim rather the
incident took place after exchange of hot-talk in between the
victim and the accused and then the accused lost his control
and inflicted injuries to the victim, however, that death was
not intended. Being the appellate Court, the entire evidence,
medical and occular has to be re-appreciated. Looking to the
voluminous pendency in the Court, there seems no hope of
hearing the appeal in a near future.
6. 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/fact that the hearing of
appeal is likely to take further more time and considering the
[2024:RJ-JP:44684] (3 of 4) [SOSA-1671/2023]
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-
petitioner.
7. 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 and Sessions
Judge No.02, Alwar who passed the impugned order
08.09.2021 in Sessions Case No.55/2013 against the
petitioner-applicant- Deepak S/o Vishamber Dayal 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 24.11.2024 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
addresses, they will give in writing their changed
address to the trial Court.
[2024:RJ-JP:44684] (4 of 4) [SOSA-1671/2023]
8. The learned trial Court shall keep the record of attendance
of the accused-applicant in a separate file. Such file be
registered as 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.
(FARJAND ALI),J
Samvedana/35
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