HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Criminal Misc. Application (Suspension of Sentence) No.15/2023 In S.B. Criminal Appeal No. 22/2023
1. Dilip S/o Sh. Goverdhan, Aged About 27 Years, Nathukhedi, P.s. Hathuniya, Dist. Pratapgarh (Raj.).
2. Sanjay S/o Sh. Goverdhan, Aged About 22 Years, Nathukhedi, P.s. Hathuniya, Dist. Pratapgarh (Raj.).
3. Goverdhan S/o Sh. Devram, Aged About 51 Years, Nathukhedi, P.s. Hathuniya, Dist. Pratapgarh (Raj.).
----Appellants Versus State Of Rajasthan
----Respondent For Appellant(s) : Mr.Ramesh Purohit For Respondent(s) : Mr. Mahipal Bishnoi, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 06/01/2023 Heard learned counsel for the applicant-appellants and learned Public Prosecutor for the State on application for suspension of sentences. Perused the material available on record.
It is contended by the counsel for the appellant- applicants that appellants-Dilip S/o Goverdhan, Sanjay S/o Goverdhan and Goverdhan S/o Devram have been convicted for the offences under Sections 447, 341, 323, 324/34 and 307/34 of (Downloaded on 06/01/2023 at 09:37:02 PM) (2 of 3) [SOSA-22/2023] the IPC and each of them have been sentenced to undergo three years' simple imprisonment. Learned counsel further submits that the appellant-applicants were on bail during trial and sentences awarded to them have already been suspended by the learned trial Court as disposal of the appeal will consume time thus, sentence awarded to them may be suspended during pendency of the appeal.
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 the above named appellant-applicants was on bail during trial and sentences awarded to them have already been suspended by the learned trial Court as disposal of appeal will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentences filed by the appellant-applicants.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge-cum- Special Judge, SC/ST (Prevention of Atrocities Cases), Pratapgarh vide judgment dated 21.12.2022 in Sessions Case No.87/2015 (149/2015) against the appellant-applicants Dilip S/o Goverdhan, (Downloaded on 06/01/2023 at 09:37:02 PM) (3 of 3) [SOSA-22/2023] Sanjay S/o Goverdhan and Goverdhan S/o Devram shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided each of them 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 for their appearance in this court on 06.02.2023 and whenever ordered to do so.
(VINOD KUMAR BHARWANI),J 4-Mamta/-
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