HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Misc. Suspension of Sentence Application
No.1104/2021
IN
D.B. Criminal Appeal No. 177/2021
Rajkumar @ Raju S/o Gopallal, Aged About 39 Years, R/o
Haryana Mohalla, Purana Sahar, Kishangarh, District Ajmer
(Appellant Is Confined In Central, Jail, Ajmer )
----Appellant
Versus
State Of Rajasthan, Through The Public Prosecutor
----Respondent
For Appellant(s) : Mr. Amit Jindal
Mr. Siya Ram Sharma
For Respondent(s) : Mr. Javed Choudhary, Addl. Govt. Adv.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Judgment / Order
03/03/2022
1. Accused-appellant has preferred this application for
suspension of sentence.
2. Heard on application for suspension of sentence.
3. It is contended by counsel for the appellant that the incident took place on the spur of the moment. The cat of the deceased caused some bruises to the appellant. It is also contended that the deceased and appellant were neighbours. They were having good terms and appellant has already remained in custody for more than six years.
4. Learned Additional Government Advocate has opposed the (Downloaded on 05/03/2022 at 08:59:33 PM) (2 of 2) [SOSA-1104/2021] application for suspension of sentence.
5. We have considered the contentions.
6. Taking note of the fact that the incident took place on the spur of the moment, appellant has already remained in custody for more than six years and without commenting on the merits of the case, we deem it proper to allow the application for suspension of sentence.
7. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused- applicant in Sessions Case No.03/2019 (12/2016) CIS No.11/2016 shall remain suspended if the appellant furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that he shall appear before this Court as and when called upon to do so. (BIRENDRA KUMAR),J (PANKAJ BHANDARI),J ARTI SHARMA /17 (Downloaded on 05/03/2022 at 08:59:33 PM) Powered by TCPDF (www.tcpdf.org)