Mukesh Kumar S/O Benaram vs State Of Rajasthan
2021 Latest Caselaw 7246 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Misc. (SOS) Bail Application No.1090/2021

                                        In

                S.B. Criminal Appeal No. 1773/2021

Mukesh Kumar S/o Benaram, Resident Of Dhani Khedro Ki Tan
Bhopatpura, Police Station Reengus, District Sikar (Raj) (At
Present Confined Jail In Sub Jail, Neem Ka Thana, District Sikar
(Raj)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent

For Appellant(s)          :     Mr. Nishant Sharma
For Respondent(s)         :     Mr. Imran Khan, PP


         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                         Order

06/12/2021

Heard on the application for suspension of sentence.

The appellant has filed the appeal along with

application for suspension of sentence.

The appeal has been preferred against the judgment of

conviction and sentence dated 23.10.2021 passed by the Court of

Additional District and Session Judge, Srimadhopur, District-Sikar

(Raj.) in Session Case No.41/2012 (CIS No.13/2014), by which

the appellant has been convicted for offences under Sections 323,

325, 307, 364 and 452 of IPC and sentenced to maximum term of

seven years.

It has been submitted by learned counsel for the

appellant that the appellant has been sentenced to maximum term

(2 of 2) [SOSA-1090/2021]

of seven years for offences under Sections 307 and 364 of IPC. As

per the statements of Doctors PW-13 and PW-14, no injury has

been described as dangerous to life. The case does not travel

beyond the scope of Section 325 of IPC. As per certificate under

Rule 311(3) of the Rajasthan High Court Rules, the appellant was

on bail during trial. Now, he is in custody since 23.10.2021.

Hearing of the appeal may take long time.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

Taking into consideration the submissions of learned

counsel for the appellant, evidence available on record and 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 Mukesh Kumar S/o Benaram shall remain suspended

till disposal of this criminal appeal and he shall 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 the

learned trial court for his appearance in this Court on 06 th January,

2021 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/57

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