Basant Lal vs State of Rajasthan - 2023 Supreme(Raj) 1911

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1911

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
PANKAJ BHANDARI, BHUWAN GOYAL, JJ.
Basant Lal - Petitioner
Versus
State of Rajasthan – Respondent
D.B. Criminal Misc. Second Suspension Of Sentence Application (Appeal) No. 1559 of 2022 In D.B. Criminal Appeal No.77 of 2019
Decided On : 21-04-2023

Advocates Appeared:
For the Petitioner:Mr. Ashvin Garg, Advocate.
For the Respondent: Mr. Javed Choudhary, AGA.
For the Complainant :Mr. Dinesh Bishnoi, Advocate.

Headnote:(A) Criminal Procedure - Suspension of Sentence - The court considered the duration of custody (7 years and 4 months) and the circumstances surrounding the accident, including unreliable witness testimony due to darkness (Paras 1, 3, 6).

(B) Judicial Discretion - The court has the discretion to suspend a sentence based on the applicant's time served and the pending nature of the appeal. (Para 6)

Facts of the case:
The applicant has been in custody for an extended period; the case relies on potentially unreliable witness accounts regarding an accident.

Findings of Court:
The second application for suspension of sentence was allowed due to the lengthy custody period and circumstances of the case.

Issues: Whether to grant suspension of sentence given the applicant's custody duration and witness reliability.

Ratio Decidendi: The court found it appropriate to suspend the sentence considering the prolonged custody and the nature of the evidence presented.

Result: Second application for suspension of sentence is allowed contingent on furnishing a personal bond and sureties.

Table of Content
1. introduction of case details (Para 1)
2. arguments for suspension of sentence (Para 3)
3. opposition to application for suspension (Para 4)
4. court's analysis considered for decision (Para 5 , 6)
5. order for suspension of sentence (Para 7)

ORDER :

(Pankaj Bhandari, J.)

Accused-applicant has preferred this second application for suspension of sentence.

2. Heard on second application for suspension of sentence.

3. It is contended by counsel for the applicant that applicant has remained in custody for a period of 7 years and 4 months. The case rests on evidence of two witnesses i.e. P.W. 15 & P.W. 19, both are not reliable witnesses. The occurrence took place at dark & there were no lights and accident took place on the road.

4. Learned Additional Government Advocate as well as counsel for the complainant have opposed the second suspension of sentence application. It is contended by counsel for the complainant that the applicant had earlier threatened the deceased.

5. We have considered the contentions.

6. Considering the contentions of the counsel for the applicant; as also the fact that death was caused by an accident; the applicant has remained in custody for a period of 7 year and 4 months and disposal of appeal is bound to take time, we deem it proper to allow the second application for suspension of sentence.

7. Accordingly, the second application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused-applicant in Sessions Case No.16/2016 (55/16) [C.I.S. No.91/2016], shall remain suspended if the accused-applicant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Court to the effect that he shall appear before this Court as and when called upon to do so.

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