HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.1/2023 In S.B. Criminal Revision Petition No. 5/2023 Narain S/o Surja Ram, Aged About 28 Years, Ramdawas Kallan, Ps Pipad City, Dist. Jodhpur, Rajasthan. (Presently Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B.R. Bishnoi
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 04/01/2023 Heard learned counsel for the applicant-petitioner 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 petitioner- applicant that petitioner-Narain S/o Surja Ram has been convicted for the offences under Sections 454 and 380 IPC and sentenced to undergo one year's simple imprisonment. Learned counsel further submits that the petitioner-applicant has falsely been implicated the in this case by the complainant, he is in custody since arrest and no recovery is yet to be effected from him. He further submits that petitioner-applicant is a young boy and keeping him behind the bar will adversely affect his career and disposal of the revision (Downloaded on 04/01/2023 at 08:51:18 PM) (2 of 2) [SOSR-1/2023] petition will consume time thus, sentence awarded to him may be suspended during pendency of the revision petition.
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 sentences imposed upon the petitioner- applicant is of one year's simple imprisonment, and he is in custody since arrest, disposal of revision will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentence filed by the petitioner- applicant.
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 Sessions Judge, Jodhpur, vide judgment dated 16.12.2022 in Criminal Appeal No.55/2018 against the petitioner-applicant Narain S/o Surja Ram shall remain suspended till final disposal of the aforesaid revision petition and he shall be released on bail, 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 learned trial Judgefor his appearance in this court on 06.02.2023 and whenever ordered to do so.
(VINOD KUMAR BHARWANI),J 27-Mamta/-
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