Allowed

Shankar Son of Kalyan v. State of Rajasthan

Rajasthan HC10 Jan 2023SOSA/38/2023

Case brief

AI extract

What is this about?

High Court suspended sentence of six months imprisonment imposed on appellants convicted under SC/ST Act and IPC pending disposal of appeal. Released on bail subject to executing bond.

What did the court decide?

Sentences passed by Special Judge dated 23.12.2022 suspended till final disposal of appeal; appellants released on bail security of Rs.50,000/- with two sureties of Rs.25,000/- each.

Shankar Son of Kalyan Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application No. 38/2023

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S.B. Criminal Appeal No. 38/2023

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Shankar Son Of Kalyan, Aged About 40 Years, Resident Of Kishanpura, Police Station Rawanjana Dungar, District Sawai Madhopur (Rajasthan)

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Shyoji Gurjar Son Of Shri Kalyan Gurjar, Aged About 36 Years, Resident Of Kishanpura, Police Station Rawanjana Dungar, District Sawai Madhopur (Rajasthan)

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----Appellants

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Versus

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State Of Rajasthan, Through Pp

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Smt. Gheesi Wife Of Babulal, Aged About 34 Years, Resident Of Chitara Police Station Rawanjana Dungar, District Sawai Madhopur (Rajasthan)

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----Respondents

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For Appellant(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. S.S. Mahla, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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10/01/2023

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Heard learned counsel for the accused appellants and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 23.12.2022 passed by learned Special Judge, SC/ST Act (POA), Sawai Madhopur whereby the accused appellants have been convicted for the offence punishable under sections 341, 323/34 of IPC and Section 3-2(va) of SC/ST (POA) Act and have been sentenced to

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(2 of 3) [SOSA-38/2023]

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maximum six months imprisonment along with fine of Rs.1,000/in default of payment of fine further 10 days additional simple imprisonment to each accused.

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Learned counsel for the accused-appellants submits that a false case has been foisted against them. Learned counsel submits that the sentence has already been suspended by the learned trial Court by exercising power under Section 389(3) of Cr.P.C. The accused-appellant was on bail during trial. They are willing and ready to furnish bail bonds for their release. Therefore, the application for suspension of sentence may kindly be granted and the sentence awarded may be suspended.

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Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellants.

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The accused-appellants are behind the bars and the hearing of appeal is likely to take further more time, therefore, considering the overall submissions and looking to the totality of facts and circumstances of the case 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.

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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 Special Judge, SC/ST Act (POA), Sawai Madhopur, vide judgment dated 23.12.2022 in Sessions Case No. 48/2019 against the appellant-applicants Shankar Son Of Kalyan and Shyoji Gurjar Son Of Shri Kalyan Gurjar shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail provided each of them executes a

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(3 of 3) [SOSA-38/2023]

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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 13.02.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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

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(FARJAND ALI),J

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PREETI VALECHA /71

Shankar Son of Kalyan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shankar Son of Kalyan v. State of Rajasthan

Case brief

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What did the court decide?

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