Virendra Kumar S/O Lalta Prasad vs State Of Rajasthan

Citation : 2021 Latest Caselaw 3348 Raj/2
Judgement Date : 2 August, 2021

Rajasthan High Court
Virendra Kumar S/O Lalta Prasad vs State Of Rajasthan on 2 August, 2021
Bench: Manoj Kumar Vyas
      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

     S.B. Criminal Misc. Bail Application (SOS) No.182/2021
                                       In

            S.B. Criminal Revision Petition No. 360/2021
Virendra Kumar S/o Lalta Prasad, R/o Bhandarej Police Station
Sadar Dausa At Present Manager GSS Samiti, Khedli P.S. Sadar
Rajasthan
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent
For Petitioner(s)        :     Mr. Ritesh Jain
For Respondent(s)        :     Mr. Imran Khan, PP


         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                         Order

02/08/2021

1. Heard on application for suspension of sentence.

2. This revision petition has been preferred against the judgment of learned Appellate Court dated 29.01.2021 dismissing the appeal against the judgment of conviction and sentence dated 21.08.2015 passed by learned Chief Judicial Magistrate, Dausa, whereby, the accused-petitioner was convicted under Sections 467, 468, 471 and 408 IPC and was sentenced as under:- Under Section 467 IPC Six months R.I. and fine of Rs.3,000/-, In default further one month R.I.

Under Section 468 IPC Three months R.I. and fine of Rs.2,000/-, In default further 15 days R.I.

Under Section 471 IPC Three months R.I. and fine of Rs.2,000/-, In default further 15 days R.I.

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                                                                              (2 of 2)                [CRLR-360/2021]


                                   Under Section 408 IPC            Three months R.I. and fine of

Rs.2,000/- In default further 15 days R.I.

3. It has been submitted that the petitioner was on anticipatory bail during trial. It is certified under Rule 311(3) of the Rajasthan High Court Rules that the petitioner surrendered himself before the learned trial court on 20.07.2021 and he is undergoing sentence in District Jail, Dausa. He has been convicted under Sections 467, 468, 471 and 408 IPC and was sentenced to maximum six months imprisonment. The amount involved in the matter is Rs.2,700/-.

4. Learned Public Prosecutor has opposed the application for suspension of sentence.

5. On consideration of submissions made by learned counsel for the petitioner and learned Public Prosecutor, perusal of the record and looking to the overall facts and circumstances of the case but without commenting upon merits of the case, this application for suspension of sentence deserves to be allowed.

6. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused- petitioner Virendra Kumar S/o Lalta Prasad in Criminal Case No.761/2009 shall remain suspended if the petitioner furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court for his appearance in this Court on 1st September, 2021 and as and when called upon to do so.

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