HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Suspension of Sentence Application
No. 958/2021
In
Criminal Appeal No. 1542/2021
1. Jugraj @ Yuvraj Son Of Devishankar, Resident Of Mawasa,
Police Station Kaithun, District Kota (Raj)
2. [email protected] Birdhilal Son Of Nandaji @ Nandlal, Resident Of
Mawasa, Police Station Kaithun, District Kota (Raj)
----Appellants
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Nitin Kumar Sharma, Advocate For Respondent(s) : Mr. B.S. Sharma HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 01/10/2021 This application for suspension of sentence has been preferred on behalf of the applicants/appellants under Section 389 of Cr.P.C. to suspend the sentence awarded by Additional Sessions Judge, No. 6, Kota (Raj.) vide its judgment dated 02.09.2021 in Criminal Case No.151/2012, CIS No. 86179/2014.
Learned counsel appearing for the applicants/appellants submits that the applicants/appellants were on bail during trial and at present sentences of applicants/appellants have been suspended by learned trial Court. Presently they are on bail and are not confined in jail. Hence, sentence awarded to the applicants/appellants may be suspended during pendency of the appeal.
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(2 of 2) On the other hand, learned Public Prosecutor appearing for the State, has opposed the application for suspension of sentence.
Heard learned counsel appearing for the applicants/appellants as well as learned Public Prosecutor and perused the material made available on record.
Considering the submissions made by learned counsel appearing for the applicants/appellants and taking into consideration overall facts and circumstances of the case; but, without expressing any opinion on the merits and demerits of the case, this court deems it just and proper to suspend the sentence awarded to the applicants/appellants.
Accordingly, the application for suspension of sentence is allowed and it is ordered that execution of the sentence awarded by the trial court to the applicants/appellants, namely Jugraj @ Yuvraj Son Of Devishankar and [email protected] Birdhilal Son Of Nandaji @ Nandlal shall remain suspended during the pendency of appeal; provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that they shall appear before this Court on 09/11/2021 thereafter as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J PAYAL/54 (Downloaded on 06/10/2021 at 09:13:56 PM) Powered by TCPDF (www.tcpdf.org)