Shankarlal Son Of Savaliya vs State Of Rajasthan
2021 Latest Caselaw 4152 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence Application
                               No. 219/2021
                                       IN
               S.B. Criminal Appeal No. 360/2021

Shankarlal Son Of Savaliya, R/o Dhanwara, Behind Subhash
Colony, Jhalawar District Jhalwar (Raj) (Presently Accused
Petitioner Confined At District Jail Jhalawar)
                                                                   ----Appellant
                                      Versus
State Of Rajasthan, Through P.p
                                                                 ----Respondent

For Appellant(s) : Mr. Pranay Raj Singh Jhala, through VC For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

31/08/2021

1. Heard on application for suspension of sentence.

2. It is contended by counsel for the appellant that as per the

FIR, the marriage of appellant with the deceased took place

around seven years ago. Deceased consumed insecticide.

Appellant is having two children and has remained in custody for a

period of more than four years. It is also contended that the

Investigating Officer has stated that deceased was not permitted

to go to her parental home. It is argued that, this might be the

reason for her to commit suicide. It is further contended that as

per the evidence, the last dispute between the couple took place

around a year ago.

(2 of 2) [CRLAS-360/2021]

3. Learned Public Prosecutor has opposed the application for

suspension of sentence.

4. I have considered the contentions.

5. Considering the contentions of counsel for the appellant and

taking note of the fact that the appellant is having two young

children and has already remained in custody for a period of more

than four years. There is no allegation with regard to demand of

dowry soon before the death, hence, I deem it proper to allow the

application for suspension of sentence.

6. Accordingly, the application for suspension of sentence is

allowed. It is ordered that the sentence awarded to accused-

applicant in Sessions Case No.25/2017 shall remain suspended if

the appellant furnishes a personal bond of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the learned trial Court to the effect that he shall appear before

this Court as and when called upon to do so.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /16

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