Rajasthan High Court
Balwant Singh Son Of Shri Birda ... vs State Of Rajasthan on 9 December, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1982/2021
1. Balwant Singh Son Of Shri Birda Singh Rawat, Resident
Of Amarpura, Police Station Jawaja, District Ajmer (Raj)
2. Narayan Singh Son Of Shri Jet Singh Rawat, Resident Of
Amarpura, Police Station Jawaja, District Ajmer (Raj)
3. Om Singh @ Om Prakash Son Of Shri Hari Singh Rawat,
Resident Of Amarpura, Police Station Jawaja, District
Ajmer (Raj)
4. Mahendra Singh Son Of Shri Hari Singh Rawat, Resident
Of Amarpura, Police Station Jawaja, District Ajmer (Raj)
----Appellants
Versus
1. State Of Rajasthan, Through Pubic Prosecutor
2. Babu Lal Son Of Shri Surajmal, Resident Of Amarpura, At
Present Jamalpura, Gali No. 0, Beawar Police Station
Jawaja, District Ajmer (Raj)
----Respondents
For Appellant(s) : Mr. Narendra Verma
For Respondent(s) : Mr. Yashwant Kankhadia, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
09/12/2021
Heard.
Record of the case be summoned.
List after four weeks.
S.B. Criminal Misc. (SOS) Application No.1232/2021
Heard on application for suspension of sentence.
The appellants have filed the appeal along with
application for suspension of sentence.
(2 of 3) [CRLAS-1982/2021]
The appeal has been preferred against the judgment of
conviction and sentence dated 24.11.2021 passed by the Court of
Special Judge, SC/ST (Prevention of Atrocities Cases), Ajmer in
Session Case No.07/2017 (CIS No.07/2017), by which the
appellant has been convicted for offences under Sections 341 and
323 of IPC and Section 3(1)(R)(S) of the SC/ST (Prevention of
Atrocities Act) and sentenced to maximum term of six months.
It has been submitted by learned counsel for the
appellants that the appellants have been sentenced to maximum
term of six months. During trial, the appellants were on bail. Now,
their sentence has been suspended for a period of one month by
the learned trial court. Presently, they are on bail.
Heard learned counsel for the parties.
Learned Public Prosecutor has opposed the application
for suspension of sentence.
Taking into consideration the submissions of learned
counsel for the appellants, 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-
appellants (1) Balwant Singh S/o Shri Birda Singh Rawat (2)
Narayan Singh S/o Shri Jet Singh Rawat (3) Om Singh @ Om
Prakash S/o Shri Hari Singh Rawat and (4) Mahendra Singh S/o
Shri Hari Singh Rawat shall remain suspended till disposal of this
criminal appeal and they shall be released on bail, provided each
(3 of 3) [CRLAS-1982/2021]
of the appellants 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 10th January, 2022 and as and
when called upon to do so.
(MANOJ KUMAR VYAS),J
Sunita/55
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