Sukhvendra Singh Son Of Shri Mohan ... vs State Of Rajasthan
2021 Latest Caselaw 7085 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Criminal Misc. Suspension of Sentence
                        Application No.962/2021
                                       In
                S.B. Criminal Appeal No. 1560/2021

Sukhvendra Singh Son Of Shri Mohan Singh, Resident Of
Arnetha Phatak, Police Station Keshoraypatan, District Bundi
Rajasthan
(At Present Confined Is In Central Jail Kota)
                                                         ----Accused/Appellant
                                   Versus
State Of Rajasthan, Through P.P.
                                                                 ----Respondent

For Appellant(s)          :    Mr. Liyakat Ali
For Respondent(s)         :    Mr. Imran Khan, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

01/12/2021

Heard on application for suspension of sentence.

The appellant has filed the appeal along with application for

suspension of sentence.

This appeal has been preferred against the judgment of

conviction and sentence dated 18.08.2021 passed by the Court of

Additional Sessions Judge, No.6, Kota in Sessions Case

No.229/2012(CIS No.87444/2014), by which the appellant has

been convicted under Section 398 of IPC and sentenced to

maximum term of seven years.

It has been submitted on behalf of the appellant that the

appellant has been sentenced to a maximum term of seven years

(2 of 2)

of imprisonment for offfence under Section 398 of IPC. As per

certificate under Rule 311(3) of the Rajashtan High Court Rules,

the appellant was on bail during trial and now, he is in custody

since 18.08.2021. The evidence of prosecution suffers from

material contradictions and infirmities. Sentence of co-accused

Guruvender Singh has been suspended by this court vide order

dated 22.11.2021. Appellant's matter is not different from that of

him. Hearing of appeal may take long time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Taking into consideration the submissions of learned counsel

for the appellant, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court

deems just and proper to allow the application for suspension of

sentence.

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the sentence awarded to accused-

appellant Sukhvendra Singh S/o Shri Mohan Singh shall

remain suspended till disposal of this criminal appeal and he be

released on bail, provided the appellant furnishes a personal bond

of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the

satisfaction of learned trial court for his appearance in this Court

on 03rd January, 2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Hemant/83

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