HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence App. No. 319/2021
IN
S.B. Criminal Revision Petition No. 1192/2021
1. Suresh Kumar Son Of Raghuveer Singh, Resident Of
Kaadma, Police Station Badhda, District Bhiwani Haryana
(At Present In District Jail, Jhunjhunu)
2. Azad Singh Son Of Mahipal, Resident Of Kaadma, Police
Station Badhda, District Bhiwani Haryana (At Present In
District Jail, Jhunjhunu)
----Petitioners
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Mr. Gajanad Yadav
Mr. Subhash Sharma
For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
01/12/2021
1. Heard on application for suspension of sentence.
2. The petitioners have filed the revision petition along with application for suspension of sentence.
3. The revision petition has been preferred against the judgment dated 23.10.2021 passed by court of the Additional Session Judge, Khetri, District Jhunjhunu (Raj.) (the Appellate Court) in Criminal Regular Appeal No. 16/2016, CIS No. Cr. Appeal 16/2016 affirming the order dated 02.03.2016 passed by court of (Downloaded on 02/12/2021 at 09:52:09 PM) (2 of 3) [CRLR-1192/2021] Judicial Magistrate, Buhana, District Jhunjhunu (Raj.) (the trial court) in Regular Criminal Case No. 1372/2014 by which the petitioners have been convicted for offence/s under Sections 457, 380 read with Section 34 of IPC and sentenced to maximum term of three years imprisonment.
4. It has been submitted by learned counsel for the petitioners that petitioners have been sentenced to maximum term of three years imprisonment for offence/s under Sections 457 and 380/34 IPC. As per certificate under Rule 311(3) of Rajasthan High Court Rules, petitioners were on bail during trial as well as during pendency of the appeal. At present, they are confined in jail since 23.10.2021. Hearing of the appeal may take long time.
5. Learned Public Prosecutor has opposed the application for suspension of sentence.
6. Heard learned counsel for the parties and scanned the evidence available on record.
7. Taking into consideration the submissions of learned counsel for the parties, evidence available on record and overall facts and circumstances of the case but without commenting upon merits of the case, this Court deems just and proper to allow the application for suspension of sentence.
8. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- petitioners 1. Suresh Kumar Son Of Raghuveer Singh and 2. Azad Singh Son Of Mahipal, shall remain suspended till disposal of this revision petition and they shall be released on bail provided each (Downloaded on 02/12/2021 at 09:52:09 PM) (3 of 3) [CRLR-1192/2021] of them furnishes a personal bond of Rs. 1,00,000/- (One Lakh) and two sureties of Rs.50,000/- (Fifty Thousand) each to the satisfaction of the learned trial Court for their appearance in this Court on 04.01.2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J Pooja /43 (Downloaded on 02/12/2021 at 09:52:09 PM) Powered by TCPDF (www.tcpdf.org)