Bhagirath Son Of Ramsahay vs State Of Rajasthan
2021 Latest Caselaw 7319 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 348/2021
                                       IN
          S.B. Criminal Revision Petition No. 1303/2021

1.     Bhagirath Son Of Ramsahay, Resident Of Village Kherla
       P.S. Rawnjana Dungar, District Sawai Madhopur (Accused
       Petitioner At Present In District Jail Sawai Madhopur)
2.     Ramjilal Son Of Ramphool, Resident Of Village Kherla P.S.
       Rawnjana Dungar, District Sawai Madhopur (Accused
       Petitioner At Present In District Jail Sawai Madhopur)
                                                                 ----Petitioners
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent

For Petitioner(s)        :     Mr. Dheeraj Tripathi
For Respondent(s)        :     Mr. Bhawani Shankar Sharma, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

07/12/2021

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 18.11.2021 passed by the court of learned

Sessions Judge, Sawai Madhopur (the Appellate Court) in Criminal

Appeal No. 107/2018 affirming the order dated 09.08.2018 passed

by the court of the learned Additional Judicial Magistrate, Sawai

Madhopur (the trial court) in Criminal Regular Case No. 226/2011

(CIS No. 1820/2014) by which the petitioners have been convicted

for offence/s under Sections 411, 392/34 of IPC and sentenced to

(2 of 2) [CRLR-1303/2021]

maximum term of two years imprisonment.

4. It has been submitted by learned counsel for the

petitioners that petitioners have been falsely implicated in the

case. Petitioners have been sentenced to maximum term of two

years imprisonment. During trial as well during pendency of the

appeal, they were on bail. Now, they are behind bars since

18.11.2021. Hearing of the petition may take considerable 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. Bhagirath Son Of Ramsahay, and 2. Ramjilal Son Of

Ramphool, shall remain suspended till disposal of this revision

petition and they shall be released on bail provided each of them

furnishes a personal bond of Rs. 50,000/- (Fifty Thousand) and

two sureties of Rs.25,000/- (Twenty Five Thousand) each to the

satisfaction of the learned trial Court for their appearance in this

Court on 07.01.2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J Pooja /36

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