HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application No.

579/2022

In

S.B. Criminal Appeal No. 566/2022

Vijay Son Of Pooran Mal, Resident Of Khatik Mohalla, Nayla,

Police Station Kanota, Jaipur (Raj) (At Present In Central Jail,

Jaipur)

----Appellant

Versus

State Of Rajasthan, Through P.p

----Respondent

For Appellant(s)

:

Mr. Mohammad Aslam

For Respondent(s)

:

Mr. M.S. Saini, PP

Mr. D.K. Sharma

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/01/2023

The accused petitioner was tried for accusation of committing

offence under Section 304B of IPC and he was sentenced to suffer

ten years simple imprisonment vide order dated 28.03.2022

passed by learned Additional Sessions Judge, Women Atrocities

cases, Jaipur Metro-I in connection with FIR No. 81/2018, Police

Station Kanota, Jaipur.

Learned counsel for the petitioner submits no case under

Section 304 B IPC is made out. The petitioner was on bail during

trial but he never misused the liberty granted in his favor.

Learned counsel for the State opposed the prayer made by

counsel for the appellant.

(2 of 3)

[SOSA-579/2022]

Learned counsel for the complainant does not dispute the

fact of compromise and submits that there is no objection if

application for suspension of sentence is allowed.

Heard. Being the first appellate Court, this Court is under an

obligation to re-appreciate the entire material as well as both the

legal and factual aspects of the matter. The application regarding

invocation of Section 304-B of IPC also open to moot. Hearing of

appeal would surely take a long time and the complainant who is

the victim of the offence has entered into a compromise and is

agreeable if the bail is allowed, thus, it is deemed appropriate to

grant the application for suspension of sentence.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned learned Additional Sessions

Judge, Women Atrocities cases, Jaipur Metro-I, vide judgment

dated 28.03.2022 in Sessions Case No.258/2018 against the

appellant-applicant Vijay Son Of Pooran Mal shall remain

suspended till final disposal of the aforesaid appeal 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 their appearance in this

court on 14.02.2023 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

1. That he/she/they will appear before the trial

Court in the month of January of every year till the

appeal is decided.

2. That if the applicant(s) changes the place of

residence, he/she/they will give in writing

(3 of 3)

[SOSA-579/2022]

his/her/their changed address to the trial Court as

well as to the counsel in the High Court.

3. Similarly, if the sureties change their

address(s),they will give in writing their changed

address to the trial Court.

(FARJAND ALI),J

PREETI VALECHA /33