HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail (Suspension of Sentence) Application
No.228/2021
In
S.B. Criminal Revision Petition No. 900/2021
Baluram S/o Mool Chand, Resident Of Hans Mehal, Police Station
Bassi, District Jaipur (Raj) (At Present Confined In Central Jail,
Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Rajneesh Gupta, Advocate with Mr. Rahul Sharma, Advocate For Respondent(s) : Mr. Ramesh Choudhary, Public Prosecutor HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 01/10/2021 Instant application for suspension of sentence has been preferred on behalf of the petitioner/applicant under Section 389 of Cr.P.C. to suspend the sentence awarded by the Court of Additional Chief Metropolitan Magistrate No.13, Bassi, Jaipur Metropolitan, Jaipur vide its judgment dated 19.02.2020 in Criminal Case No.614/2015 and confirmed by the Court of Additional Sessions Judge No.9, Jaipur Metropolitan-I, Jaipur vide its judgment dated 27.08.2021 in Criminal Appeal No.27/2020 (CIS No.354/2020).
Learned counsel for the petitioner/applicant submits that the applicant was on bail during trial and he never misused the liberty granted to him. Counsel submits that the applicant is in judicial costody (Downloaded on 06/10/2021 at 09:13:57 PM) (2 of 2) [SOSA-228/2021 in CRLR-900/2021] since 27.08.2021. Counsel further submits that the revision petition will take a considerable time. Hence the sentence awarded to the applicant may kindly be suspended during pendency of the revision petition.
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 petitioner/applicant as well as learned Public Prosecutor and perused the material made available on record.
Considering the submissions made by learned counsel for the petitioner/applicant 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 petitioner/applicant.
Accordingly, the application for suspension of sentence is allowed and it is ordered that execution of the sentence awarded to the petitioner/applicant, namely Baluram S/o Mool Chand by both the learned Courts below shall remain suspended during the pendency of this revision petition, provided he 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 trial Court with the stipulation that he shall appear before this Court on 09.11.2021 and thereafter, as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J Ashish Kumar /63 (Downloaded on 06/10/2021 at 09:13:57 PM) Powered by TCPDF (www.tcpdf.org)