[2023/RJJP/000295]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail (Suspension of Sentence) Application
No.607/2022
In
S.B. Criminal Revision Petition No.2041/2022
Kesh Ram Prajapat S/o Hari Prajapat, Aged About 27 Years,
Resident Of New Aanaj Madi Ke Piche, Jawahar Nagar Magazine
Police Station Kotwali, District Karauli (Raj) (Presently Confined
In District Jail At Karauli)
----Accused-Petitioner-Applicant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Arvind Sharma
For Respondent(s) : Mr. Riyasat Ali, PP
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
24/01/2023
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.
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[2023/RJJP/000295] (2 of 2) [CRLR-2041/2022] I have considered the submissions made by learned counsel for the parties. The petitioner was convicted and sentenced for the offences of Sections 457 and 380 of IPC. The petitioner preferred regular appeal which was disposed of by Additional Sessions Judge, Karauli as Criminal Appeal No.68/2022 (CIS No.68/2022) vide judgment dated 10.11.2022 by which the learned Appellate Court has upheld the judgment and sentence passed by the learned trial Court. Learned counsel for accused-applicant submits that accused-applicant was on bail during trial as well as during pendency of appeal and presently he is behind 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, Kesh Ram Prajapat S/o Hari Prajapat in the matter shall remain suspended during pendency of petition and he shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties 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 20th February, 2023 and thereafter as and when called upon to do so.
(ASHUTOSH KUMAR),J MADAN/38 (Downloaded on 26/01/2023 at 12:03:16 AM) Powered by TCPDF (www.tcpdf.org)