Shyama @ Ghanshyam vs State Of Rajasthan

Citation : 2022 Latest Caselaw 14284 Raj
Judgement Date : 5 December, 2022

Rajasthan High Court - Jodhpur
Shyama @ Ghanshyam vs State Of Rajasthan on 5 December, 2022
Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence No.483/2022 in S.B. Cr. Revision Petition No. 1502/2022 Shyama @ Ghanshyam S/o Ram Pratap, Aged About 31 Years, B/c Suthar R/o Chak 10 D.w.d. Tehsil Rawatsar Dist. Hanumangarh Raj. (At Present Lodged In Sub Jail Nohar)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent For Petitioner(s) : Mr. Kuldeep Sharma 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.

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.483/2022. Perused the material available on record.

It is contended by learned counsel for the applicant- petitioner that there is no criminal antecedents of the accused- petitioner and he is facing rigor of trial since 2006 and disposal of (Downloaded on 05/12/2022 at 11:57:59 PM) (2 of 2) [SOS-483/22 in CRLR-1502/2022] the revision will consume time.

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.

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 Judicial Magistrate, Rawatsar, District Hanumangarh vide judgment dated 11.10.2017 in Criminal Regular Case No.181/2006 as affirmed by the learned Additional Sessions Judge No.1 Nohar, District Hanumangarh vide judgment dated 23.11.2022 in Cr. Appeal No. 60/2017 against the applicant-petitioner Shyama @ Ghanshyam S/o Ram Pratap 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 162-Arti/-

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