Tejpal @ Teju S/O Shri Ramprasad vs State Of Rajasthan
2021 Latest Caselaw 7369 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Misc. Suspension of Sentence
                          Application No.332/2021
                                           In
             S.B. Criminal Revision Petition No. 1256/2021

Tejpal @ Teju S/o Shri Ramprasad, Aged About 27 Years, R/o
Near Sarvodaya School, Durga Colony, Gadhi Maliyan, Police
Station Aadarsh Nagar, Ajmer (Raj.) (At Present Confined In
Central Jail, Ajmer)
                                                            ----Accused-Petitioner
                                         Versus
State Of Rajasthan, Through Public Prosecutor
                                                                     ----Respondent

For Petitioner(s) : Mr. Vinay Pal Yadav For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order 08/12/2021

Heard on application for suspension of sentence.

The petitioner has filed the revision petition along with

application for suspension of sentence.

This revision petition has been preferred against the

judgment dated 11.11.2021 passed by the court of Additional

District and Sessions Judge No.2, Ajmer (the appellate court) in

Criminal Appeal No.20/2018(CIS No.103/2018), affirming the

order dated 09.03.2018 passed by Judicial Magistrate No.4, Ajmer

(the trial court) in Criminal Case No.1123/2015, by which the

petitioner has been convicted for offence/s under Section 394 of

IPC and sentenced to maximum term of three years

imprisonment.

(2 of 2)

It has been submitted by learned counsel for the petitioner

that the petitioner has been sentenced to maximum term of three

years of imprisonment for offence under Section 394 of IPC. The

petitioner was on bail during trial as well as during pendency of

appeal and now, he is confined in Central Jail since 11.11.2021.

There are material contradictions and infirmities in the prosecution

evidence. Hearing of revision petition is likely to 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 parties, overall facts and circumstances of the case but

without commenting upon detailed merits of the case, this Court

deems it 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/petitioner Tejpal @ Teju S/o Shri Ramprasad shall

remain suspended till disposal of this revision petition and he be

released on bail, provided the petitioner furnishes a personal bond

of Rs.50,000/- and two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Court for his appearance in this

Court on 10th January, 2022 and as and when called upon to do

so.

(MANOJ KUMAR VYAS),J

Hemant/74

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