HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 24/2023 Shrawan Ram S/o Machha Ram, Aged About 35 Years, B/c Jat, R/o Village Kukarda Police Station Bhopalgarh, District Jodhpur. (At Present Lodged In Central Jail, Jodhpur)
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. Abhishek Purohit, AGA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 06/01/2023 Heard.
Admit. Issue notice.
Learned Additional Government Advocate Mr. Abhishek Purohit accepts notice on behalf of the State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the parties on application for suspension of sentence No.6/2023 and perused the judgments impugned.
Learned counsel for the accused-petitioner submits that the petitioner has been convicted for the offence under Section 279, 304-A IPC and sentenced to undergo S.I. for maximum one year with fine and he is in custody. The petitioner was on bail during trial and pendency of appeal and never misused the liberty granted to him.
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Learned Additional Government Advocate vehemently
opposed the prayer regarding suspension of sentence.
Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case and the fact that short term sentence has been awarded by the trial Court, thus, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused petitioner.
Accordingly, the application for suspension of sentence is allowed and it is ordered that the substantive sentences passed by learned Additional Chief Metropolitan Magistrate (Economic Offence) Jodhpur Metropolitan in Criminal Case No.108/2015 vide judgment dated 16.05.2018 as affirmed by the learned Additional Sessions Judge No.4, Jodhpur Metropolitan in Criminal Appeal No.380/2018 vide judgment dated 02.01.2023 against the petitioner-applicant Shrawan Ram S/o Shri Machha Ram shall remain suspended till final disposal of the aforesaid revision 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 trial court for his appearance in this Court on 06.02.2023 and as and when called upon to do so.
(VINOD KUMAR BHARWANI),J 109-Ashutosh/-
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