Rajasthan High Court
Santi Alias Sonath Son Of Shri ... vs State Of Rajasthan on 13 December, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence App. No. 349/2021
IN
S.B. Criminal Revision Petition No. 1309/2021
1. Santi Alias Sonath Son Of Shri Bheru, Resident Of
Keerpura Police Station Soorwal Tehsil And District Sawai
Madhopur At Present In Central Jail, Bharatpur
2. Smt. Kadi Wife Of Santi Alias Sonath, Resident Of
Keerpura Police Station Soorwal Tehsil And District Sawai
Madhopur At Present In Central Jail, Bharatpur
3. Smt. Teeja Wife Of Fotu Alias Fotulal, Resident Of
Keerpura Police Station Soorwal Tehsil And District Sawai
Madhopur At Present In Central Jail, Bharatpur
4. Fotu Alias Fotulal Son Of Santi Alias Sonath, Resident Of
Keerpura Police Station Soorwal Tehsil And District Sawai
Madhopur At Present In Central Jail, Bharatpur
----Petitioners
Versus
State Of Rajasthan, Through The PP
----Respondent
For Petitioner(s) : Mr. Harendra Singh
For Respondent(s) : Mr. Bhawani Shankar Sharma, PP
For Complainant(s) : Mr. Dharmendra Pareek
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
13/12/2021
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
(2 of 3) [CRLR-1309/2021]
judgment dated 16.11.2021 passed by the court of the learned
Sessions Judge, Sawai Madhopur (the Appellate Court) in Criminal
Appeal No. 75/2019 affirming the order dated 31.10.2019 passed
by the court of the learned Additional Chief Judicial Magistrate,
Sawai Madhopur (the trial court) in Criminal Case No. 150/2013
CIS No. 3118/2014 by which the petitioners have been convicted
for offence/s under Sections 341/34, 323/34, 325/34 and 326 of
IPC and sentenced to maximum term of five years imprisonment.
4. It has been submitted by learned counsel for the
petitioners that petitioners have been falsely implicated in the
case. There are material contradictions and infirmities in the
prosecution evidence. They have been sentenced to maximum
term of five years imprisonment for offence under Section 326
IPC. During trial they were on bail. Now, they are in custody.
Hearing of the petition may take considerable time.
5. Learned Public Prosecutor assisted by learned counsel
for the complainant has opposed the application for suspension of
sentence and submitted that as a result of offence, victim has
become permanently disabled and still cannot walk without
support. Therefore, it is prayed that the application for
suspension of sentence may be dismissed.
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
(3 of 3) [CRLR-1309/2021]
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. Santi Alias Sonath Son Of Shri Bheru, 2. Smt. Kadi
Wife Of Santi Alias Sonath, 3. Smt. Teeja Wife Of Fotu Alias
Fotulal, and 4. Fotu Alias Fotulal Son Of Santi Alias Sonath, 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. 1,00,000/- (One Lakh) and two sureties of
Rs.50,000/- (Fifty Thousand) each to the satisfaction of the
learned trial Court for their appearance in this Court on
13.01.2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J
Pooja /50
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