HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence
Application No.1039/2021
In
S.B. Criminal Appeal No. 1689/2021
1. Bapulal S/o Kanhiram Bhil, Resident Of Sevniya Police
Station Bhalta District Jhalawar (Raj)
2. Rodsingh Alias Rodu S/o Purilal Bhil,
3. Bherulal S/o Ratanlal Bhil,
Both Resident Of Maanpura Bhillan Police Station Bhalta
District Jhalawar (Raj)
(At Present Confined In Sub-District Jail Aklera District
Jhalawar)
----Accused-Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Ganesh Saini, PP HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 11/11/2021 Heard on application for suspension of sentence. Appellants have filed the appeal along with application for suspension of sentence.
This appeal has been preferred against the judgment of conviction and sentence dated 05.10.2021 passed by the court of Additional District and Sessions Judge, Aklera, District Jhalawar in Sessions Case No.14/2016, by which the appellants have been (Downloaded on 15/11/2021 at 09:37:35 PM) (2 of 3) convicted under Sections 323, 324, 325, 326 read with Section 34 of the Indian Penal Code and sentenced to maximum term of five years.
It has been submitted on behalf of the appellants that the appellants have falsely been implicated in the case. They have been sentenced to a maximum term of five years of imprisonment for offence under Sections 323, 324, 325, 326 read with Section 34 of the Indian Penal Code. There was a criminal case against the complainant side bearing FIR No.225/2014, registered at police station Bhalta, District Jhalawar, under Section 307 of IPC. After trial, that case has resulted into conviction of complainant party for a term of seven years of imprisonment. As per certificate under Rule 311(3) of the Rajasthan High Court Rules, the appellants were on bail during trial and now, they are in judicial custody since 05.10.2021.
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 appellants, 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- appellants Bapulal S/o Kanhiram Bhil, Rodsingh Alias Rodu (Downloaded on 15/11/2021 at 09:37:35 PM) (3 of 3) S/o Purilal Bhil and Bherulal S/o Ratanlal Bhil shall remain suspended till disposal of this criminal appeal and they be released on bail, provided each of them 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 13th December, 2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J Hemant/23 (Downloaded on 15/11/2021 at 09:37:35 PM) Powered by TCPDF (www.tcpdf.org)