HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.85/2020
In
S.B. Criminal Appeal No. 102/2020
Sattur S/o Shri Badiya, Mama Bheel, R/o Kachala, P.s
Kalyanpura, Distt. Jhabua M.P.
(Confined In Central Jail Bhopal M.P.)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. Pankaj Aggarwal, PP HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order 22/07/2021 This criminal misc suspension of sentence application has been filed by the accused-applicant along with the criminal appeal.
Counsel for the accused-applicant along with criminal appeal has annexed certificate under Rule 311(3) Rajasthan High Court Rules wherein it has been mentioned that the accused-applicant was on bail during the course of trial and at present he is central jail. Counsel submits that in connection with the same incident co-accused Hoor Singh, Nahar Singh @ Nahariya and Moon Singh have been acquitted by the trial court but subsequently the accused-applicant has been convicted, by the trial court vide judgment dated 19.12.2019. Counsel submits that the trial court while convicting accused-applicant relied upon the evidence of (Downloaded on 29/07/2021 at 09:12:53 PM) (2 of 2) [Sosa85/2020] prosecution witness Vijay Pal Singh. Counsel further submits that hearing of the criminal appeal may take long time, and there are no criminal antecedents against the applicant, hence, the sentence awarded to the applicant may be suspended during the pendency of the criminal appeal and he be released on bail.
Learned Public Prosecutor has opposed the application. Having heard the learned counsel for the parties and carefully scanned the entire material available on record, this suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the applicant - Sattur S/o Shri Badiya, shall remain suspended during the pendency of the criminal appeal and he be released on bail provided he furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 23.08.2021 and thereafter as and when called upon to do so.
(GOVERDHAN BARDHAR),J ashu /47 (Downloaded on 29/07/2021 at 09:12:53 PM) Powered by TCPDF (www.tcpdf.org)