HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.962/2021
In
S.B. Criminal Appeal No. 1560/2021
Sukhvendra Singh Son Of Shri Mohan Singh, Resident Of
Arnetha Phatak, Police Station Keshoraypatan, District Bundi
Rajasthan
(At Present Confined Is In Central Jail Kota)
----Accused/Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Liyakat Ali
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
01/12/2021
Heard on application for suspension of sentence. The appellant has filed the appeal along with application for suspension of sentence.
This appeal has been preferred against the judgment of conviction and sentence dated 18.08.2021 passed by the Court of Additional Sessions Judge, No.6, Kota in Sessions Case No.229/2012(CIS No.87444/2014), by which the appellant has been convicted under Section 398 of IPC and sentenced to maximum term of seven years.
It has been submitted on behalf of the appellant that the appellant has been sentenced to a maximum term of seven years (Downloaded on 04/12/2021 at 09:24:34 PM) (2 of 2) of imprisonment for offfence under Section 398 of IPC. As per certificate under Rule 311(3) of the Rajashtan High Court Rules, the appellant was on bail during trial and now, he is in custody since 18.08.2021. The evidence of prosecution suffers from material contradictions and infirmities. Sentence of co-accused Guruvender Singh has been suspended by this court vide order dated 22.11.2021. Appellant's matter is not different from that of him. Hearing of appeal may take long time.
Learned Public Prosecutor has opposed the application for suspension of sentence.
Heard learned counsel for the parties and scanned the evidence available on record carefully.
Taking into consideration the submissions of learned counsel for the appellant, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems just and proper to allow the application for suspension of sentence.
Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- appellant Sukhvendra Singh S/o Shri Mohan Singh shall remain suspended till disposal of this criminal appeal and he be released on bail, provided the appellant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance in this Court on 03rd January, 2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J Hemant/83 (Downloaded on 04/12/2021 at 09:24:34 PM) Powered by TCPDF (www.tcpdf.org)