HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Application for Suspension of Sentence
No.31/2023
In
S.B. Criminal Revision Petition No. 154/2023
Rajendra Singh Son Of Kehari Singh aged 34 years, R/o Salpur,
Police Station Balghat, District Karauli (Raj.)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Mahendra Singh Rajput For Respondent(s) : Mr. Mahendra Meena, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 31/01/2023 Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record.
Learned counsel for the accused-applicant submits that there is no reliable and legally acceptable evidence to hold accused- applicant guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal revision petition. Learned counsel further submits that final hearing of the petition is likely to take time thus sentence of the accused-applicant may be suspended.
Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.
I have considered the submissions made by learned counsel for the parties. The petitioner was convicted and sentenced for the (Downloaded on 02/02/2023 at 11:46:23 PM) (2 of 2) [SOSR-31/2023] offence under Sections 279, 304-A of IPC read with Sections 146/196 of Motor Vehicles Act in regular criminal case No.336/2013 by the Court of Judicial Magistrate, Sikrai, District Dausa. The petitioner preferred regular appeal which was dismissed by Additional Sessions Judge Sikrai, District Dausa as Criminal Appeal No.124/2021 (CIS NO.127/2021) vide judgment dated 19.01.2023 by which the learned Appellate Court has upheld the judgment and sentence passed by the learned trial Court. Learned counsel for the accused-applicant submits that accused-applicant was on bail during trial as well as during pendency of appeal and presently he is behind the bars.
Without commenting upon the merits of the case, I deem it just and proper to suspend the sentence awarded to the applicant.
Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court and affirmed by the learned appellate Court against the accused-applicant namely, Rajendra Singh Son Of Kehari Singh in the matter shall remain suspended during pendency of petition and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- along with one surety in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that he shall appear before this court on 28th February, 2023 and thereafter as and when called upon to do so.
(ASHUTOSH KUMAR),J AARZOO ARORA /36 (Downloaded on 02/02/2023 at 11:46:23 PM) Powered by TCPDF (www.tcpdf.org)