HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Appl. No. 484/2022 in S.B.Cr. Revision Petition No. 1505/2022 Bhunda Ram S/o Sh. Durga Ram, Aged About 53 Years, Vill./post- Rajkiyawas, Teh. Marwar Junction, Dist. Pali (Raj.). (Presently Lodged At Central Jail Jodhpur).
----Petitioner Versus
1. Jagdish Singh Rajpurohit S/o Sh. Raghunath Singh, Aged About 52 Years, 188, Himmat Nagar-B, Sardar Samand Road, Pali, Teh. And Dist. Pali (Raj.).
2. State Of Rajasthan, Through Pp
----Respondents
For Petitioner(s) : Mr. RR Ankiya
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/12/2022
Heard.
Admit.
Issue notice. Learned public prosecutor accepts notice on behalf of the State. Let notice be issued to respondent No.1.
Call for the record.
Heard learned counsel for the applicant-petitioner and learned public prosecutor for the State on application for suspension of sentence No.484/2022. Perused the material available on record.
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(2 of 2) [SOS-484/22 in CRLR-1505/2022] Learned Public Prosecutor has opposed the application for suspension of sentence.
I have heard and considered the arguments advanced by the counsel for the parties and have gone through the material available on record.
Having considered the facts and circumstances and particularly the fact that disposal of revision will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentence filed by the applicant- petitioner. The amount shall be deposited by the petitioner within ten days of his release and he shall furnish an undertaking along with bond to the trial court in this regard.
Accordingly, the application for suspension of sentence filed under Section 397 read with Section 401 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Chief Judicial Magistrate, (N.I.Act Cases) Pali vide judgment dated 5.2.2021 in Criminal Case No.1619/2015 as affirmed by the learned Sessions Judge, Pali vide judgment dated 21.11.2022 in Cr. Appeal No. 26/2021 against the applicant-petitioner Bhunda Ram S/o Durga Ram shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge to the effect that he shall appear before this Court as and when called upon to do so.
(FARJAND ALI),J 164-Arti/-
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