HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.530/2019
In
S.B. Criminal Revision Petition No. 1661/2019
Shankar Lal S/o Prabhati Lal, R/o Nangal Pyariwas, Dhani
Nawadaya, Police Station Nangal Rajavtan, District Dausa Raj.
----Accused/Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Lalit Gautam
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
08/11/2021
Heard on application for suspension of sentence. The petitioner has filed the revision petition along with application for suspension of sentence.
This revision petition has been preferred against the judgment dated 01.03.2019 passed by the court of Special Judge, SC/ST (Prevention of Atrocities) Cases, Dausa (the appellate court) in Criminal Regular Appeal No.53/2017, affirming the order dated 15.07.2015 passed by Judicial Magistrate, Dausa (the trial court) in Criminal Case No.300/2010, by which the petitioner has been convicted for offence/s under Sections 323 and 498A of IPC and sentenced to maximum term of three years imprisonment. (Downloaded on 10/11/2021 at 08:49:11 PM)
(2 of 2) [CRLR-1661/2019] It has been submitted on behalf of the petitioner that he has been convicted under Sections 323 and 498A of IPC and sentenced to a maximum term of three years of imprisonment. As per certificate under Rule 311(3) of the Rajasthan High Court Rules, the petitioner was on bail during trial as well as during pendency of appeal and at present, he is confined in judicial custody since 23.02.2021. He has served almost nine months of sentence.
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 parties, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it 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/petitioner Shankar Lal S/o Prabhati Lal shall remain suspended till disposal of this revision petition and he be released on bail, provided 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 08th December, 2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J Hemant/46 (Downloaded on 10/11/2021 at 08:49:11 PM) Powered by TCPDF (www.tcpdf.org)