Vishakhasingh vs Madharam And Others

Farjand Ali, J

The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 23.04.2016 passed by the learned Judicial Magistrate, Jaisalmer in Criminal Case No.344/2014 whereby he was convicted and sentenced to suffer imprisonment of two years’ simple imprisonment along with a fine of Rs.8,75,000/- under Section

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 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.

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.

Heard learned counsel for the parties and perused the material available on record.

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 he is behind the bars for 14 months and the sentence awarded to him by the learned trial Court is not more than two years, if the sentence is not suspended, the purpose of filing the instant revision would be frustrated.

Looking to the custody period and considering the fact that the accused-petitioner was on bail during the course of trial, 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, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.

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 Judicial Magistrate, Jaisalmer who passed the impugned order dated 23.04.2016 in Criminal Case No.344/2014 against the petitioner-applicant- Vishakhasingh S/ o Shri Harijeetsingh 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 18.09.2023 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-

(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

(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.

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