Allowed

Dhanna v. State of Rajasthan

Rajasthan HC24 Aug 2023SOSA/1055/2023

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of a suspension of sentence application in pending criminal appeal. Court observed trial court erred in convicting and allowed suspension pending final disposal, directing release on bail subject to executing personal bond.

What did the court decide?

Sentence suspended till final disposal of appeal; appellants released on execution of personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Dhanna Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.1055/2023

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S.B. Criminal Appeal No. 1705/2023

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Dhanna S/o Sh. Johan, Aged About 38 Years, Kaliya Aambapal, P.S. Devgarh, Dist. Pratapgarh, Rajasthan. (At Present Lodged In Central Jail, Udaipur).

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Havji S/o Sh. Johan, Aged About 35 Years, Kaliya Aambapal, P.S. Devgarh, Dist. Pratapgarh, Rajasthan. (At Present Lodged In Central Jail, Udaipur).

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----Appellants

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Appellant(s)	: Mr.	VijayKumar Gour
For Respondent(s)	: Mr.	Gourav Singh,AGA

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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24/08/2023

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The instant application for suspension of sentence has been moved on behalf of the applicants in the matter of judgment dated 18.08.2023 passed by learned Session Judge, District Pratapgarh in Sessions Case No.37/2021 whereby the appellants were convicted and sentenced to suffer maximum punishment of seven years rigorous imprisonment along with compensation fine of Rs.5,000/- under Section 363 of the IPC.

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It is contended that the learned trial Judge has not appreciated the correct, legal and factual aspects of the

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(2 of 3) [SOSA-1055/2023]

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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. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

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Per contra, learned Additional Government Advocate has vehemently opposed the prayer made by learned counsel for the accused-applicants for releasing the appellant on application for suspension of sentence.

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Heard learned counsel for the parties and perused the material available on record.

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Considering the fact that the appellants have been acquitted from the charges under Section 366 of the IPC and is convicted under Section 363 of the IPC which is a bailable offence as well as taking into account the fact that the entire evidence would be required to be appreciated again. In view of the above and considering the facts that 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-appellants. 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 Session Judge, District Pratapgarh in Sessions Case No.37/2021 against the appellants-applicants- Dhanna S/o Sh. Johan and Havji

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[SOSA-1055/2023]

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(3 of 3)

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S/o Sh. Johan shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail provided each of them execute 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 their appearance in this court on 26.09.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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(1) That they will appear before the trial Court in the month of January of every year till the appeal is decided.

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(2) That if the applicants change the place of residence, they will give in writing their changed addresses to the trial Court as well as to the counsel in the High Court.

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

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(FARJAND ALI),J

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288-Ashutosh/-

Dhanna v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dhanna v. State of Rajasthan

Case brief

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What did the court decide?

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