Papodi vs The State of Rajasthan

Narendra Kumar Jain-II, J.—Heard learned counsel for the petitioner as well as learned Public Prosecutor on the application u/s 389 Cr.P.C. filed on behalf of the accused-petitioner, Papodi S/o. Babu Lal for suspension of sentence imposed upon him vide judgment dated 15.07.2006 passed by Additional Chief Judicial Magistrate, Karauli, District Karauli in Criminal Misc. Case No. 300/2002, whereby learned trial court has convicted and sentenced the accused-petitioner u/s 279 IPC to three months simple imprisonment; u/s 337 IPC to three months simple imprisonment; u/s 338 IPC to six months simple imprisonment and u/s 304A IPC to one year''s simple imprisonment with fine of Rs. 5,000/-, in default of payment of fine to further undergo one month''s simple imprisonment. Learned First Appellate Court, i.e. Additional District and Sessions Judge, Karauli vide judgment dated 16.01.2013 in Criminal Appeal No. 102/2012 (9/2009) dismissed the appeal filed by the accused-petitioner and maintained the judgment passed by the trial court. Learned counsel for the petitioner submits that the petitioner was on bail during trial. At present, he is behind the bar since 16.01.2013 and decision of this revision petition will take long time, therefore, the sentence imposed upon the accused-petitioner may be suspended during pendency of this revision petition.

Learned Public Prosecutor opposed the application for suspension of sentence of the accused-petitioner.

I have considered the submissions advanced by learned counsel for the parties and perused the impugned judgments and orders passed by both the courts below.

Having considered the facts and circumstances of the case and also the impugned judgments passed by both the courts below, but without expressing any opinion on the merits of the case, I deem it just and proper to suspend the sentence awarded to the accused-petitioner.

Accordingly, the application for suspension of sentence filed u/s 389 Cr.P.C. is allowed and it is ordered that the sentence awarded vide judgment dated 15.07.2006 passed by Additional Chief Judicial Magistrate, Karauli, District Karauli in Criminal Misc. Case No. 300/2002 and affirmed by Additional District and Sessions Judge, Karauli vide judgment dated 16.01.2013 in Criminal Appeal No. 102/2012(9/2009) against accused-petitioner namely Papodi S/o. Babu Lal shall remain suspended during pendency of present revision petition, provided he furnishes a personal bond in the sum of Rs. 40,000/- (Rupees Forty Thousands only) with two sureties in the sum of Rs. 20,000/- (Rupees Twenty Thousands only) each to the satisfaction of the learned trial court, for his appearance before this Court on 20.03.2013 and as and when he is called upon to do so. The accused-petitioner shall also incorporate in his personal bonds that as and when he shifts from his place of residence, he shall intimate new address of his residence to this Court as well as to his counsel also.