Vikram @ Rawan vs State Of Rajasthan

Manoj Kumar Garg, J

Instant revision petition has been filed by the petitioner under Section 397/401 Cr.P.C. against the order dated 21.03.2024 passed by learned Addl. Sessions Judge, Bhinmal, District Jalore, whereby the learned Judge rejected the petitioner’s application filed under Section 389 Cr.P.C. for seeking suspension of sentence awarded by the learned Judicial Magistrate, Raniwara, District Jalore vide judgment dated 04.03.2024.

Counsel for the petitioner submits that the trial court vide judgment dated 04.03.2024 convicted the petitioner for offence under Section 120B IPC and sentenced him for three years S.I. and imposed a fine of Rs.20,000/- and in default of payment of fine, to further undergo 15 days S.I. Counsel submits that the petitioner has filed an appeal against his conviction before the learned appellate court and an application under Section 389 Cr.P.C. for suspension of sentence was also filed. The learned appellate court rejected the application by the impugned order dated 21.03.2024 only on the ground that the petitioner was never granted bail by the trial court, by the appellate court as well as by this Court and he has been in judicial custody since his arrest. Counsel submits that the petitioner’s counsel appearing before the appellate court will argue the appeal on merit, but till then, the application under Section 389 Cr.P.C. may be allowed as the petitioner has every hope of success in appeal and he is behind bars for about fifteen months, whereas the trial court has awarded a sentence of three years SI.

Learned Public Prosecutor has opposed the prayer made by the counsel for the petitioner.

Heard learned counsel for the parties and perused the impugned order as well as material available on record.

Considering the facts that the learned trial court has convicted the petitioner for offence under Section 120B IPC and sentenced him only for three years S.I. and the petitioner is behind bars for about 15 months, this Court deems it appropriate to quash the impugned order dated 21.03.2024 passed by the appellate court rejecting the application of the petitioner filed under Section 389 Cr.P.C.

Accordingly, the impugned order dated 21.03.2024, passed by the learned Addl. Sessions Judge, Bhinmal, District Jalore is hereby quashed and set aside and it is ordered that the sentence passed by the learned Judicial Magistrate, Raniwara, District Jalore, vide judgment dated 04.03.2024 in Cr. Regular Case No.77/2023 (CIS No.80/2023) against the petitioner Vikram @ Rawan S/o Chhoga Ram, shall remain suspended till final disposal of the criminal appeal, which is pending before the appellate court and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-each to the satisfaction of the learned trial Judge.

The learned appellate court is directed to decide the pending criminal appeal of the petitioner as soon as possible.

The revision petition stands disposed of.