Rajasthan High Court
Bholaram S/O Sh. Girraj Prasad vs State Of Rajasthan (2024:Rj-Jp:39012) on 12 September, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:39012]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1021/2024
Bholaram S/o Sh. Girraj Prasad, Aged About 34 Years, R/o Berru
Police Thana Sikri District Bharatpur Currently R/o House No. 55,
New Friends Colony, Jaipur Road, Thana Aravali Vihar Alwar
(Rajasthan) (Appellant Is Confined In Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Amit Kumar Sharma
For Respondent(s) : Mr. Amit Punia, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
12/09/2024
1. Heard learned counsel for the applicant-appellant and
learned Public Prosecutor on the application for suspension of
execution of sentence. Perused the material available on record.
2. The applicant-appellant herein has been convicted for
offences under Sections 307, 324 & 327 of IPC vide judgment
dated 11.06.2024 passed by learned Additional Sessions Judge,
No. 2 Alwar, (Raj.) in Sessions Case No.42/2013 and has been
sentenced to maximum punishment of seven years.
3. Learned counsel for the applicant submits that learned trial
court has erred in convicting and sentencing the applicant as
mentioned above. Learned trial court has not appreciated the
evidence in right and correct perspective. Counsel submits that
the maximum term of sentence is seven years. He submits that
[2024:RJ-JP:39012] (2 of 3) [SOSA-1021/2024]
nature of injury pointed out by medical expert is simple in nature.
During trial, appellant was on bail and 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 Public Prosecutor opposes submissions made by the
learned counsel for appellant.
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 nature of injury
pointed out by medical expert is simple in nature; during trial,
appellant was on bail & hearing of 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 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 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Additional Sessions Judge, No. 2
Alwar, (Raj.) vide judgment dated 11.06.2024 in Sessions Case
No.42/2013 against the appellant-applicant Bholaram S/o Sh.
Girraj Prasad 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 18.10.2024 and
[2024:RJ-JP:39012] (3 of 3) [SOSA-1021/2024]
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),
he will give in writing their 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
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
GAUTAM JAIN /80
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