Allowed

Iqbal S/O Shri Dhan Ji v. State of Rajasthan

Rajasthan HC9 Jan 2024SOSR/16/2024

Case brief

AI extract

What is this about?

The High Court suspended the sentence of the petitioner convicted under Sections 279, 338 and 304-A of I.P.C. pending the final disposal of his criminal revision petition, granting bail subject to conditions and execution of a personal bond with sureties.

What did the court decide?

Sentence suspended and bail granted subject to execution of personal bond of Rs.50,000 with two sureties of Rs.25,000 each and compliance with conditions.

Iqbal S/O Shri Dhan Ji Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Suspension of Sentence (Bail) Application

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No.16/2024

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S.B. Criminal Revision Petition No. 29/2024

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Iqbal S/o Shri Dhan Ji, Aged About 32 Years, R/o Village Laxminaraanpura Police Station Bagru Jaipur Dsitrict (Presently Confined At Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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	----Respondent
For Petitioner(s)	: Mr. Nitesh Rawat
For Respondent(s)	: Mr. Yashwant Kankhadia, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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09/01/2024

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Learned counsel for the petitioner submits that petitioner has wrongly been convicted under Sections 279, 338 and 304-A of I.P.C. In the statement of PW-5 Bajrang Singh, he has stated that he saw the vehicle on next day from the date of accident. He further stated in the cross-examination that his daughter-in-law Dwarika, who is the sole eye-witness, was unconscious.

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Learned counsel for the petitioner submits that the said vehicle was recovered on 13.05.2015, therefore, the version of PW-5 Bajrang Singh is not reliable. He further submits that PW-1 Dwarika in her examination-in-chief has stated that she does not remember the tempo number and after declaring the witness hostile, she was further cross-examined by the learned Public Prosecutor, wherein, she has stated that whatsoever written in her

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[CRLR-29/2024]

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(2 of 3)

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statement, recorded under Section 161 Cr.P.C. (Ex.-P1), is correct. In her cross examination by the defence she has stated that due to imbalance while driving the motorcycle she, her husband and child fell down.

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Learned counsel for the petitioner further submits that evidence of PW-1 Dwarika is not reliable and trustworthy, therefore, learned Trial Court as well as learned Appellate Court have erred in convicting the accused-petitioner under Sections 279, 338 and 304-A of I.P.C. The accused-petitioner is behind the bars since 20.12.2023. The decision of the revision petition may take considerable time, therefore, his sentence may be suspended.

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Learned Public Prosecutor vehemently opposes the suspension of sentence application.

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Heard learned counsel for the parties on the application seeking Suspension of Sentence.

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I have considered the rival arguments advanced by the parties and perused the judgments of the courts below. Looking to the facts and circumstances of the case and the short sentence awarded by the learned trial court, I consider it just and proper to suspend the sentence awarded to the accused petitioner.

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Accordingly, this application of Suspension of Sentence is allowed and it is ordered that the sentences passed by the learned Chief Judicial Magistrate Jaipur, District Jaipur in NCV Regular Criminal Case No.6180/2018 vide judgment dated 06.11.2023 as afÏrmed by the learned District & Sessions Judge Jaipur, District Jaipur (Raj.) vide judgment dated 20.12.2023 in Criminal Appeal No.60/2023 against the petitioner- Iqbal S/o Shri Dhan Ji shall

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[CRLR-29/2024]

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(3 of 3)

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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 learned trial Judge for his appearance in this court on 12.02.2024 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-

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That he will appear before the trial Court in the month of January of every year till the revision is decided.

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That if the petitioner 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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Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-petitioner in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedpetitioner 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-petitioner does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(PRAVEER BHATNAGAR),J

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47-SURAJ KUMAR

Iqbal S/O Shri Dhan Ji v. State of Rajasthan

Case brief

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Iqbal S/O Shri Dhan Ji v. State of Rajasthan

Case brief

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