Allowed

Rumal v. State of Rajasthan

Rajasthan HC2 Aug 2023SOSR/263/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan considered an application for suspension of sentence filed by the accused-applicant, who had been convicted of Section 304-A IPC. Approving that trial and appeal bail history and procedural delays warranted suspension, the court granted release on bail conditioned on executing a personal bond and providing sureties.

What did the court decide?

Application for suspension of sentence allowed; petitioner to be released on personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Rumal Vs State of Rajasthan — Criminal Trial and Appeal | 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

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No.263/2023

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S.B. Criminal Revision Petition No. 968/2023

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Rumal S/o Shri Khatu, Aged About 41 Years, R/o Vill. Dhartara Ps Kushalgarh Dist. Banswara Raj. (Petitioner Is In Sub Jail Kushalgarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Bharat Singh Rathore For Respondent(s) : Mr. Abhishek Purohit, AGA

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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02/08/2023

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The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 14.12.2012 passed by the learned Additional Chief Judicial Magistrate, Kushalgarh (Banswara) in Criminal Regular Case No. 399/2012 whereby he was convicted and sentenced to suffer imprisonment of two years’ simple imprisonment along with a fine of Rs.50,000/- under Section 304-A of IPC and six months’ simple imprisonment along with a fine of Rs.5,00/- for the offence under Section 337 of IPC.

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The petitioner preferred an appeal against the aforesaid judgment, which was partly allowed by the learned Additional Session Judge, Kushalgarh (Banswara) vide judgment dated

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(2 of 3)

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25.07.2023 passed in Criminal Appeal No.02/2022 whereby the learned appellate court while maintaining the conviction and sentenced him for the offence under Section 304-A while acquitting from the charge under Section 337 on the basis of compromise.

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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 appreciated again by this court. He was on bail during trial and appeal and did not misuse the liberty so granted to him; hearing of the revision is likely to take long time, therefore, the application for suspension of sentence may be granted.

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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.

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Heard learned counsel for the parties and perused the material available on record. 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 that the accused-petitioner was on bail during the course of trial and appeal. The hearing of revision 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 revision,

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(3 of 3)

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this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.

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Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Session Judge, Kushalgarh (Banswara) who passed the impugned order dated 25.07.2023 in Criminal Appeal No.02/2022 against the petitioner-applicant- Rumal S/o Shri Khatu shall remain suspended till final disposal of the aforesaid revision 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 01.09.2023 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-

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(1) That he 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 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.

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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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248-divya/-

Rumal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rumal v. State of Rajasthan

Case brief

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