HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. (SOS) Application No.314/2021
In
S.B. Criminal Revision Petition No. 1182/2021
Shivshankar @ Atik S/o Shri Jagannath Prasad, R/o Rampurkala
Paragana Sabalgarh, Murena, Police Station Rampur, (Madhya
Pradesh)
----Petitioner
Versus
State Of Rajasthan, Through Pubic Prosecutor
----Respondent
For Petitioner(s) : Mr. Brij Sharma
For Respondent(s) : Mr. Rajendra Yadav, AAG/PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
25/11/2021
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 21.10.2021 passed by the court of Session Judge, Karauli (Rajasthan) (the Appellate Court) in Criminal Appeal No.46/2020 (CIS No.46/2020), whereby, the order dated 03.12.2020 passed by Additional Chief Judicial Magistrate, Karauli (Rajasthan) (the trial court) in Criminal Case No.1803/20 (319/2002, 138/94) (CIS No.1803/2020) convicting the petitioner for offences under Sections 177, 179, 193, 205, 419, 420, 467, 468 and 471 of IPC, has been modified and the petitioner has been convicted for offences under Sections 177, 179, 193, 205, 419 and 420 of IPC and sentenced to maximum term of two years of imprisonment.
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(2 of 2) [SOSA-314/2021] It has been submitted by learned counsel for the petitioner that the petitioner has been sentenced to maximum term of two years of imprisonment for offences under Sections 177, 179, 193, 205, 419 and 420 of IPC. The petitioner was on bail during trial as well as during pendency of the appeal and now, he is in custody since 21.10.2021. Hearing of the revision petition 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 petitioner, 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 Shivshankar @ Atik S/o Shri Jagannath Prasad shall remain suspended till disposal of this revision petition and he be released on bail, provided the petitioner 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 his appearance in this Court on 3 rd January, 2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J sunita/54 (Downloaded on 26/11/2021 at 09:55:52 PM) Powered by TCPDF (www.tcpdf.org)