KAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dtd. 25/7/2018 passed by the learned Additional Chief Judicial Magistrate, Bhinmal, District Jalore in Criminal Case No.314/2005, whereby he was convicted and sentenced to suffer imprisonment of two years for the offence under Sec. 304-A IPC.

(2.) Learned counsel for the petitioner submits that the learned trial court as well as the learned appellate court has committed an error of law in appreciating the evidence brought on record, therefore, the material would be required to be appreciated again. The petitioner was on bail during trial and during the course of appeal. Hearing of the revision petition would likely take long time.

(3.) Heard learned counsel for the petitioner, learned Public Prosecutor and perused the material available on record. Upon consideration of the grounds raised in the memo of the revision, looking to the totality of facts and circumstances of the case, more particularly the facts that the accused-petitioner was on bail during the course of trial and appeal and 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 Sec. 397(1) Cr.P.C. is allowed and it is ordered that the sentence passed by learned Additional Chief Judicial Magistrate, Bhinmal in Criminal Case No.314/2005 against the petitioner-applicant Kan Singh S/o Balwant Singh 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.50,000.00with two sureties of Rs.25,000.00 each to the satisfaction of the learned trial Judge for his appearance in this court on 8/5/2023 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-