Suresh Kumar Son Of Raghuveer ... vs State Of Rajasthan
2021 Latest Caselaw 7090 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 319/2021

                                       IN

          S.B. Criminal Revision Petition No. 1192/2021

1.     Suresh Kumar Son Of Raghuveer Singh, Resident Of
       Kaadma, Police Station Badhda, District Bhiwani Haryana
       (At Present In District Jail, Jhunjhunu)
2.     Azad Singh Son Of Mahipal, Resident Of Kaadma, Police
       Station Badhda, District Bhiwani Haryana (At Present In
       District Jail, Jhunjhunu)
                                                                 ----Petitioners
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Petitioner(s)        :     Mr. Gajanad Yadav
                               Mr. Subhash Sharma
For Respondent(s)        :     Mr. Bhawani Shankar Sharma, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

01/12/2021

1. Heard on application for suspension of sentence.

2. The petitioners have filed the revision petition along

with application for suspension of sentence.

3. The revision petition has been preferred against the

judgment dated 23.10.2021 passed by court of the Additional

Session Judge, Khetri, District Jhunjhunu (Raj.) (the Appellate

Court) in Criminal Regular Appeal No. 16/2016, CIS No. Cr. Appeal

16/2016 affirming the order dated 02.03.2016 passed by court of

(2 of 3) [CRLR-1192/2021]

Judicial Magistrate, Buhana, District Jhunjhunu (Raj.) (the trial

court) in Regular Criminal Case No. 1372/2014 by which the

petitioners have been convicted for offence/s under Sections 457,

380 read with Section 34 of IPC and sentenced to maximum term

of three years imprisonment.

4. It has been submitted by learned counsel for the

petitioners that petitioners have been sentenced to maximum

term of three years imprisonment for offence/s under Sections

457 and 380/34 IPC. As per certificate under Rule 311(3) of

Rajasthan High Court Rules, petitioners were on bail during trial as

well as during pendency of the appeal. At present, they are

confined in jail since 23.10.2021. Hearing of the appeal may take

long time.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties, evidence available on record and overall

facts and circumstances of the case but without commenting upon

merits of the case, this Court deems just and proper to allow the

application for suspension of sentence.

8. Accordingly, the application for suspension of sentence

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

petitioners 1. Suresh Kumar Son Of Raghuveer Singh and 2. Azad

Singh Son Of Mahipal, shall remain suspended till disposal of this

revision petition and they shall be released on bail provided each

(3 of 3) [CRLR-1192/2021]

of them furnishes a personal bond of Rs. 1,00,000/- (One Lakh)

and two sureties of Rs.50,000/- (Fifty Thousand) each to the

satisfaction of the learned trial Court for their appearance in this

Court on 04.01.2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /43

Powered by TCPDF (www.tcpdf.org)