Harkaram Son Of Jalalaram Meghwal ... vs State Of Rajasthan
2021 Latest Caselaw 7370 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence App. No. 351/2021
                                        IN
             S.B. Criminal Revision Petition No. 1285/2021

Harkaram Son Of Jalalaram Meghwal, Aged About 55 Years,
Resident Of Suwala, Police Station Shiv, District Barmer (Raj)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Petitioner(s) : Mr. Anil Kumar Upman with Mr. Avtar Singh Rathore For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 08/12/2021

1. Heard on application for suspension of sentence.

2. The petitioner has filed the revision petition along with

application for suspension of sentence.

3. The revision petition has been preferred against the

judgment dated 04.09.2021 passed by the court of Additional

District and Sessions Judge No. 1, Kekri, District Ajmer (the

Appellate Court) in Criminal Appeal No. 31/2011 affirming the

order dated 14.05.2011 passed by the court of Civil Judge and

Judicial Magistrate, First Class, Sarwar, District Ajmer (the trial

court) in Criminal Case No. 238/1996 (100/1988) by which the

petitioner has been convicted for offence/s under Sections 279

and 304A of IPC and sentenced to maximum term of one year

imprisonment.

(2 of 2) [SOSR-351/2021]

4. It has been submitted by learned counsel for the

petitioner that petitioner has been sentenced to maximum term of

one year imprisonment for offence under Section 304A IPC. It is

further submitted that the petitioner was on bail during trial as

well as during pendency of the appeal. Now, he is in custody

since 25.11.2021. 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 petitioner, 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-

petitioner Harkaram Son Of Jalalaram Meghwal shall remain

suspended till disposal of this revision petition and he shall be

released on bail provided the petitioner 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 his appearance in this Court on 10.01.2022 and as

and when called upon to do so.

(MANOJ KUMAR VYAS),J Pooja /76

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