HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.898/2021
In
S.B. Criminal Appeal No. 1472/2021
1. Dinesh Son of Ramnarain,
2. Mukesh Son of Ramnarain,
3. Kamlesh Wife of Mukesh,
All Resident of Village Chatrapura, Police Station
Indergarh, Bundi District Bundi Rajasthan
(At Present Confined In Central Jail, Bundi District Bundi)
----Appellants
Versus
State Of Rajasthan, Through P.P
----Respondent
For Appellant(s) : Mr. Nitin Jain
For Respondent(s) : Mr. B.S. Sharma, PP
Mr. Raghvendra Singh
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 the Court of Additional Sessions Judge No.1, Bundi vide its judgment dated 18.09.2021 in Sessions Case No.11/2014 CIS No. 677/2014.
Learned counsel for the applicants/appellants has submitted that during trial, applicants were on bail and they are in judicial custody since 18.09.2021. Hence, sentence awarded to the applicants/appellants may be suspended during the pendency of the appeal.
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(2 of 2) [Sosa 898/2021] 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 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 Dinesh S/o Ramnarain, Mukesh S/o Ramnarain and Kamlesh W/o Mukesh 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 29.10.2021, thereafter, as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J ashu /47 (Downloaded on 06/10/2021 at 09:13:53 PM) Powered by TCPDF (www.tcpdf.org)